DAMNUM ABSQUE INJURIA
\dˈamnəm ɐbsk ɪnd͡ʒˈʊ͡əɹi͡ə], \dˈamnəm ɐbsk ɪndʒˈʊəɹiə], \d_ˈa_m_n_ə_m ɐ_b_s_k ɪ_n_dʒ_ˈʊə_ɹ_iə]\
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A loss or damage without injury.
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There are cases when the act of one man may cause a damage or loss to another, and for which the latter has no remedy; he is then said to have received damnum absque injuria; as, for example, if a man should set up a school in the neighborhood of another school,and, by that means, deprive the former of its patronage; or if a man should build a mill along side of another, and consequently reduce his custom. 9 Pick. 59, 528.
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Another instance may be given of the case where a man using proper care and diligence, while excavating for a foundation, injures the adjoining house, owing to the unsuitable materials used in such house; here the injury is damnum absque injuria.
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When a man slanders another by publishing the truth, the person slandered is said to have sustained loss without injury. Bac. Ab. Actions on the Case, C Dane's Ab. Index, h. t.
By John Bouvier
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