If harm happens but is not legally actionable.

http://books.google.com/books?id=i2gaAAAAYAAJ&pg=PA333&dq=damnum+sine+injuria&hl=en&ei=Wj_7TPTFHtGNnQe_tfjICg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCMQ6AEwAA#v=onepage&q&f=false

Damnum sine injuria.
Damages without injury.

http://books.google.com/books?id=i2gaAAAAYAAJ&dq=damnum%20sine%20injuria&pg=PA180#v=onepage&q&f=false
injuria — a wrong as counter to the law (jus)
The obligation to make compensation for damage arises either from dolus malus, culpa, and mora, which in fact is included in culpa, and out of contracts. A man is not bound to make compensation for indirect loss or damage (Dig. 39 tit. 2 s26; 47 tit. 9 s3 § 7); nor for direct damage, if neither dolus nor culpa can be imputed to him, as if he be mad (Dig. 9 tit. 2 s5 § 2, 30 §3; Thibaut, System, &c., 9th ed. § 163). As to damage done by an animal, see Pauperies.

http://books.google.com/books?id=b4w8AAAAIAAJ&dq=damnum%20sine%20injuria&pg=PT1156#v=onepage&q&f=false
Damages without injury; damages without injustice

http://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/SMIGRA*/Damnum.html

DAMNUM. Damnum signifies generally any loss or damage which a person has sustained in his property (damnum datum, factum), or damage which he has reason to fear (damnum infectum) (Dig. 39 tit. 2 s2). Damnum actually done is generally called damnum simply. The liability to make good a loss is praestare damnum.

The causes of damage are either chance, accident (casus), or the free acts or omissions of reasonable human beings (Dig. 9 tit. 2 s5 § 2). If the damnum is caused by the just exercise of a right, it is indirect. In any other case it is direct or injuria datum; and when it is injuria datum, there may be neither dolus nor culpa, or there may be either one or the other.

Excessive damages –
http://books.google.com/books?id=MAw9AAAAIAAJ&ots=JLsGlTjReq&dq=sedgwick%20%22measure%20of%20damages%22&pg=PA601#v=onepage&q&f=false

*

“excessive damages for injuries to servant”

*

Sentimental materialism: gender, commodity culture, and nineteenth-century American Literature
By Lori Merish

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