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Bouvier's Law Dictionary, Revised 6th Edition (1856)

INJURY. A wrong or tort. Injuries are divided into public and private; and
they affect the. person, personal property, or real property.
3.-1. They affect the person absolutely or relatively. The absolute
injuries are, threats and menaces, assaults, batteries, wounding, mayhems;
injuries to health, by nuisances or medical malpractices. Those affecting
reputation are, verbal slander, libels, and malicious prosecutions; and
those affecting personal liberty are, false imprisonment and malicious
prosecutions. The relative injuries are those which affect the rights of a
husband; these are, abduction of the wife, or harboring her, adultery and
battery those which affect the rights of a parent, as, abduction,
seduction, or battery of a child; and of a master, seduction, harboring and
battery of his apprentice or servant. Those which conflict with the rights
of the inferior relation, namely, the wife, child, apprentice, or servant,
are, withholding conjugal rights, maintenance, wages, &c.
4.-2. Injuries to personal property, are, the unlawful taking and
detention thereof from the owner; and other injuries are, some damage
affecting the same while in the claimant's possession, or that of a third
person, or injuries to his reversionary interests.
5.-3. Injuries to real property are, ousters, trespasses nuisances,
waste, subtraction of rent, disturbance of right of way, and the like.
6. Injuries arise in three ways. 1. By nonfeasance, or the not doing
what was a legal obligation, or. duty, or contract, to perform. 2.
Misfeasance, or the performance, in an improper manner, of an act which it
was either the party's duty, or his contract, to perform. 3. Malfeasance, or
the unjust performance of some act which the party had no right, or which he
had contracted not to do.
7. The remedies are different, as the injury affects private
individuals, or the public. 1. When the injuries affect a private right and
a private individual, although often also affecting the public, there are
three descriptions of remedies: 1st. The preventive, such as defence,
resistance, recaption, abatement of nuisance, surety of the peace,
injunction, &c. 2d. Remedies for compensation, which may be by arbitration,
suit, action, or summary proceedings before a justice of the peace. 3d.
Proceedings for punishment, as by indictment, or summary Proceedings before
a justice. 2. When the injury is such as to affect the public, it becomes a
crime, misdemeanor, or offence, and the party may be punished by indictment
or summary conviction, for the public injury; and by civil action at the
suit of the party, for the private wrong. But in cases of felony, the remedy
by action for the private injury is generally suspended until the party
particularly injured has fulfilled his duty to the public by prosecuting the
offender for the public crime; and in cases of homicide the remedy is merged
in the felony. 1 Chit. Pr. 10; Ayl. Pand. 592. See 1 Miles' Rep. 316, 17;
and article Civil Remedy.
8. There are many injuries for which the law affords no remedy. In
general, it interferes only when there has been a visible bodily injury
inflicted by force or poison, while it leaves almost totally unprotected the
whole class of the most malignant mental injuries and sufferings unless in a
few cases, where, by descending to a fiction, it sordidly supposes some
pecuniary loss, and sometimes, under a mask, and contrary to its own legal
principles, affords compensation to wounded feelings. A parent, for example,
cannot sue, in that character, for an injury inflicted on his child and when
his own domestic happiness has been destroyed, unless the fact will sustain
the allegation that the daughter was the servant of her father, and that,
by, reason of such seduction, he lost the benefit of her services. Another
instance may be mentioned: A party cannot recover damages for verbal slander
in many cases; as, when the facts published are true, for the defendant
would justify and the party injured must fail. A case of this kind,
remarkably bard, occurred in England. A young nobleman had seduced a young
woman, who, after living with him some time, became sensible of the
impropriety of her conduct. She left him secretly, and removed to an obscure
place in the kingdom, where she obtained a situation, and became highly
respected in consequence of her good conduct she was even promoted to a
better and more public employment when she was unfortunately discovered by
her seducer. He made proposals to her to renew their illicit intercourse,
which were rejected; in order to, force her to accept them, he published the
history of her early life, and she was discharged from her employment, and
lost the good opinion of those on whom she depended for her livelihood. For
this outrage the culprit could not be made answerable, civilly or
criminally. Nor will the law punish criminally the author of verbal slander,
imputing even the most infamous crimes, unless done with intent to extort a
chattel, money, or valuable thing. The law presumes, perhaps unnaturally
enough, that a man is incapable of being alarmed or affected by such
injuries to his feelings. Vide 1 Chit. Med. Jur. 320. See, generally, Bouv.
Inst. Index, h. t.


INJURY, civil law, In the technical sense of the term it is a delict
committed in contempt, or outrage of any one, whereby his body, his dignity,
or his reputation, is. maliciously injured. Voet, Com. ad Pand. lib. 47, t.
10, n. 1.
2. Injuries may be divided into two classes, With reference to the
means used by the wrong doer, namely, by words and by acts. The first are
called verbal injuries, the latter real.
3. A verbal injury, when directed against a private person, consists in
the uttering contumelious words, which tend to expose his character, by
making him little or ridiculous. Where the offensive words are uttered in
the beat of a dispute, and spoken to the person's face, the law does not
presume any malicious intention in the utterer, whose resentment generally
subsides with his passion;, and yet, even in that case, the truth of the
injurious words seldom absolves entirely from punishment. Where the
injurious expressions have a tendency to blacken one's moral character, or
fix some particular guilt upon him, and are deliberately repeated in
different companies, or banded about in whispers to confidants, it then
grows up to the crime of slander, agreeably to the distinction of the Roman
law, 1. 15, Sec. 12, de injur.
4. A reat injury is inflicted by any fact by which a person's honor or
dignity is affected; as striking one with a cane, or even aiming a blow
without striking; spitting in one's face; assuming a coat of arms, or any
other mark of distinction proper to another, &c. The composing and publish
in defamatory libels maybe reckoned of this kind. Ersk. Pr. L. Scot. 4, 4,
45.

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