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White v. Sealy, 169 White v. Steele, 44 White v. Webb, 300

Whitehouse v. Atkinson, 289, 318
Whitehouse v. Fellowes, 63
Whitfield v. Lord Despencer, 232
Whitmore v. Black, 289
Whitten v. Fuller, 303
Whittle v. Frankland, 157
Whitwell v. Short, 436
Wiffen v. Roberts, 176, 178
Wiggett v. Fox, 394
Wiggins v. Johnson, 216
Wightman v. Townroe, 399
Wigley v. Ashton, 400
Wigmore v. Jay, 394
Wilbeam v. Ashton, 99
Wilby v. Elston, 370

Wild v. Clarkson, 161, 169

Wild v. Holt, 291, 333 Wild Ranger (The), 311

Wilde v. Fort, 139, 140

Willis v. Bernard, 382
Wills v. Wells, 295
Willoughby v. Swinton, 168
Wilmot v. Smith, 153
Wilson v. Gabriel, 94
Wilson v. Hicks, 212, 455
Wilson v. Keating, 149

Wilson v. Lancashire & Yorkshire Ry.
Co., 15, 220

Wilson v. Wigg, 401, 402

Wilson v. Webster, 382

Wilson v. Newport Dock Co., 13, 17
Wilson v. Robinson, 365

Wilson v. Tumman, 317
Wilson v. Vysar, 180
Windham v. Wycombe, 383
Windle v. Andrews, 179
Windle v. Barker, 340

Winter v. Haldimand, 265

Winter v. Henn, 384

Winter v. Trimmer, 99, 170, 220

Winter v. Wroot, 383

Winterbottom v. Earl of Derby, 343

Wilford v. Berkeley, 457, 460

Wilkes v. Hungerford Market Co., 334,

343

Wilkinson v. Grant, 135

Wilkinson v. Hyde, 263

Wintle v. Rudge, 302

Wise v. Metcalfe, 397

Withers v. Henley, 63

Withers v. Reynolds, 153

Wilkinson v. Kirby, 338

Wilkinson v. Sharland, 450

Willetts v. Green, 156

William v. Gwyn, 279

Williams, ex parte, 106

Williams v. African Steam Ship Co.,

225

Williams v. Archer, 304, 308, 313 Williams v. Bosanquet, 401

Williams v. Breedon, 391, 446, 447 Williams v. Burrell, 54, 145, 148 Williams v. Cooke, 80

Williams v. Cooper, 426

Williams v. Currie, 458

Williams v. Davies, 93

Williams v. Earle, 205

Williams v. Glenton, 135, 139

Williams V. London Assurance Co.,

272

Williams v. Morland, 343

Williams v. Mostyn, 6, 356

Williams v. Reynolds, 27, 32, 120

Williams v. Vines, 429

Williamson v. Williamson, 106

Wollaston v. Hakewill, 401, 402

Wolveridge v. Steward, 241

Wood v. Akers, 83

Wood v. Bell, 296

Wood v. Hurd, 375, 460

Wood v. Morewood, 281, 333
Wood v. Smith, 90

Wood v. Waud, 342, 343
Woodcroft v. Thompson, 322
Woodford v. Eades, 454

Woodger v. G. W. Ry. Co., 220
Woodhouse v. Swift, 66
Woods v. Pope, 462

Woodward v. Dowse, 279

Woolsey v. Crawford, 178

Wordsworth v. Harley, 63

Workman v. Great Northern Ry. Co.,

73

Wormer v. Biggs, 300

Worthington v. Barlow, 399

Worthington v. Warrington, 137

Wright v. Court, 435

Wright v. Lewis, 443

Wright & Pole, Re, 256

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DAMAGES.

CHAPTER I.

CASES IN WHICH DAMAGES MAY BE RECOVERED.

DAMAGES are the pecuniary satisfaction which a plaintiff may obtain by success in an action. They may rise to almost any amount, or they may dwindle down to being merely nominal. They may be governed by rules so strict as to enable the Judge to dictate their amount as a matter of law; or they may be left, within loose limits, almost entirely to the discretion of the jury. It becomes then a most important inquiry to ascertain the principles by which they are measured, and the species of evidence by which they may be aggravated or reduced. I propose, in the following work, first to state briefly the actions in which damages may be recovered; then to examine the rules by which they are measured; and finally to inquire into the practice which prevails in Westminster as to the pleading and assessment of damages, and to point out the cases in which the Court will review the decisions arrived at by a jury.

Damages are recoverable in all personal actions at common Damages in law; and so they are in mixed actions by the very definition personal and of the latter, as being "suits wherein some real property

mixed,

is demanded, and also personal damages for a wrong sustained" (a). But no damages can be obtained in real actions. but not in real In these the plaintiff only claims title to real property, but actions,

not damages, and the Court cannot give the demandant that

which he demands not. Judex non reddat plus quam ipse

(a) 3 Bl. Com. 118.

B

nor on an indictment.

Damages in actions on a penal statute;

petens requirit (b). This exception was once very important, but since stat. 3 & 4 W. IV. c. 27, which, at one blow (c), swept away sixty-two real actions with barbarous names, it has become quite insignificant. Since that statute there are only two real actions left, viz., writ of right of dower, and ejectment. The latter action, too, in one instance assumes the form of a mixed action, when brought by landlord against tenant. In this case damages may be obtained for mesne profits (d). Quare impedit, and Dower unde nihil habet, are both mixed actions, in which damages may be obtained, as will be seen under those heads (e).

No damages are recoverable on an indictment, or information, as the suit is maintained in the name of the king (ƒ); and even where the statute gives damages to the person aggrieved, they cannot be obtained on the indictment, but must be sued for in an action on the statute, in the name of the party grieved (g). But an informer, upon conviction of the prisoner on any penal law, may have the third part of the fine the Court set upon him, according to the king's privy seal to that purpose (h).

Where a defendant is sued in debt upon a penal statute, several distinctions are taken as to his liability to damages for the detention of the penalty. Where the action is brought by a common informer, no damages can be obtained; because as he had no right to the money before the action was commenced, it cannot be said that it was detained from him. But it is otherwise where the penalty is given to the party grieved (i). In the latter case too the further distinction is taken, that when a statute gives a penalty certain, and also an action of debt, if the defendant does not pay on demand, but forces the plaintiff to a suit, he shall recover his damages, because the other did not pay the duty due by the statute

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[(e) Dower, writ of right of dower and quare impedit, are now commenced by ordinary writs of summons with special indorsements, C. L. P. Act, 1860 (23 & 24 Vict. c. 126), s. 26.]

(f) 1 Roll. Abr. 220.

(g) 2 Hawk. P. C. c. 25, s. 3.

(h) R. v. Gouer, 1 Keb. 487.

(i) North v. Musgrave, 1 Roll. Abr. 574; Frederick v. Lookup, 4 Burr. 2018; Cuming v. Sibly, ibid. 2489.

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