Fay v. Parker
Supreme Court of New Hampshire
Trespass, by Robert O. Fay & wife against O. A. Parker, for an assault and battery upon Mrs. Fay. Verdict for the plaintiffs, and motion of the defendant to set it aside.
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Trespass, by Robert O. Fay & wife against O. A. Parker, for an assault and battery upon Mrs. Fay. Verdict for the plaintiffs, and motion of the defendant to set it aside. The court instructed the jury, that, if they found the defendant guilty, they should find the actual damages, which would include compensation for all injury to the feelings as well as to the person of Mrs. Fay — compensation for her mental as well as her physical sufferings, caused by the assault; that, if the assault was accompanied by any act or word of indecency, outrage, insult, or indignity, which injured her feelings,…
1Opinion of the CourtFoster, J.
A synonym of damage (when applied to a person sustaining an injury) is loss. Loss is the generic term. Damage is a species of loss. » Loss signifies the act of losing, or the thing lost. Damage— in French, dommage; Latin, damnum, from demo, to take away- — signifies the thing taken away, — the lost thing, which a party is entitled to have restored to him so that he may be made ivhole again.
*343Damage, we remarked, is derived from demo, to take away; and therefore it is not derived from punió, to punish.
When used to signify the money which a plaintiff ought to recover, damage is never, nor in any…
2Cases cited23 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- People v. GoodwinNew York Supreme Court · 1820
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
- Tillotson v. CheethamNew York Supreme Court · 1808
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3Cited by29 opinions
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- Tuttle v. RaymondSupreme Judicial Court of Maine · 1985
- Triangle Sheet Metal Works, Inc. v. SilverSupreme Court of Connecticut · 1966
- Town of Hooksett School District v. W.R. Grace & Co.District Court, D. New Hampshire · 1984
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