Page:The New International Encyclopædia 1st ed. v. 05.djvu/866

* DAMAGES. 750 DAMASCUS. are the natural and proljable coiiseriuences of his acts, whether eonteniplated by him or uot. Tliis rule is equally applicable in eases of contract and of tort, and operates to exclude what are called 'remote' or merely "consequential' damages. That, under a perfect system, the latter would also be included in an award of damages can hardly be doubted, but the judicial distrust of the jury, by wliom, both in England and America, the award is usually made,, has induced the courts to adopt the narrower rule. Damages are also an available remedy in some cases of injury, even where no actual loss has been sustained. It is the violation of a legal right, and uot the detriment or loss restilting therefrom, which furnishes the ground for an action for damages. Such an action, accordingly, is the appropriate remedy in the case of a tres- pass upon land, an unauthorized interference with a watercourse, and the like, although no injury or serious inconvenience to the tenant or riparian jiroprietor results. The damages to which the plaintifl' is entitled in such a ease are not 'substantial,' Init 'nominal.' And, on the other hand, where loss or harm is sustained, but without the violation of a legal right, the dam- age is irremediable by any legal process. It is damnum absque injuria. For the measure of damages appropriate to the various classes of rights, see the articles in which those rights and the remedies for their infringement are considered. See especially Contract; Tort: Injury. Consult: Holmes, The Common Laic (Boston, 1881): Essai/s on Anglo-Saxon Laic (Boston, 1876) ; Lee, Histori- cal Jiirisjirudence (New York, 1900) : Arthur G. Sedgwick, Elements of Damages (Boston, 1896) ; Sedgwick, Treatise on the Measure of Damages (8th ed., New York. 1891) : Sutherland, Treatise on the Law of Damages (Chicago, 1893) ; Mayne, Treatise on the Laic of Damages (5th ed., Lon- don. 1894) : Watson. Treatise on the Law of Damages for Personal Injuries (Charlottesville, 1901) : Harris, Treatise on Damages hy Corpo- rations (Rochester, 1894). DAMAN, da-m;in'. or DAMAO, da'moux. A fortified sea])ort and district on the west coast of India, belonging to the Portuguese since 1558. The town stands at the mouth of the Daman Kiver about 100 miles north of Bombay (Jlap: India, B 4). The harbor affords good shelter from the southwest monsoon. The neighborhood is well stocked with suitable timber for the building and repairing of ships, which largely employ the in- habitants. Daman also has important deep-sea fisheries and salt-works. There is a scarcity of fresh water. The district is an administrative dependency of Ooa. Area of district, 168 square miles. Population, in 1887, 77,454. DAMAN, da'man (Syrian). An old name for the Syrian hyrax iProcavia fiiiriaca), the 'coney' of Scripture (Prov. xxx. 24-28. etc.), also called rock-rabbit. See Hyrax. and compare D.ssiE. DAMANHUR, dii'man-hoor' (Egypt. Tema- cn-JJor. city of Horus, Lat. Hermopolis Minor), A town of Lower Egypt, capital of the Province of Beherah (Map: Egypt. D 2). It is situated on (he Mahmudieh Canal and the railway line leading from Cairo to Alexandria. It has a eonsiderable connnerce in cotton and woolen goods. Population, in 1897. 27,236. DAMAR or DHAMAR, da-mar'. A town cf Yemen, Arabia, situated about 63 miles south of Sana, on the route to Mecca (Map: Arabia, with Turkey in Asia, Q 12). It carries on some trade in horses. Population, about 20.1100. DAMARALAND, da-mil'ra-laud. See Geb- iiAK Southwest Africa. DAMASCENUS, NicoiAtJs. A Greek his- torian. He lived in the time of Augustus and Herod the Great, at whose court he spent the greater part of his life. His j^rincipal work was a universal history in 144 books, of which only fragments remain. He also wrote an auto- biography and a history of the education of the Emperor. Eragnients of these works, as of the first seven books of his universal history, are preserved in the collections of Constantinus Por- phyrogenitus. Nicolaiis was, in philosophy, an adherent of the Peripatetic School, and wrote a compendium of Aristotelianism. Historical frag- ments are edited by Miiller, Fragmenta Histori- corum Orwconnn, vol. iii. (Paris, 1868-83). DAMAS'CITJS (Lat., from Gk. AaniirKios, Da- maskios). A Neoplatonic philosopher of the sixth century a.d. He was born at Damascus, and was the last teacher of Neoplatonism at Athens. When the philosophic schools were closed by imperial edict in 529, he, with Simpli- cius, Diogenes, Priscian, and others, was forced to go to Persia. Of his writings we possess his book On the Origins, edited by Kopp ( Frankfort, 1826), a commentary to Aristotle, and an ex- tract from his life of Isidorus of Gaza, preserved by Photius, 181 and 242. DAMAS'CUS (Arab. Dimislik-esh-Sham) .Te capital and largest city of Syria, Asiatic Turkey (ilap: Turkey in Asia, G 6). It is situated in a plain at the eastern base of the Anti-Libanus, 53 miles southeast of Beirut. The city with its beautiful surroundings and its abundant supply of water has since the earliest times been re- garded by the Arabs as the most beautiful spot in the world, and is supposed to have served as a model for the paradise described in the Koran. The appearance of Damascus from a distance is impressive, but upon a closer inspection it is, like most Oriental cities, disappointing. It is about five miles in circumference and is sur- rounded by partly ruined walls, pierced by seven gates. The streets, with the exception of the 'Straight Street,' on which Saint Paul is sup- posed to have lived, are crooked and narrow. The houses are generally built in the Moorish style and not infrequently combine a splendidly decorated interior with a plain and sombre ex- terior. The walls fronting the street are usually without windows ; the courts in the houses of the wealthy residents are adorned with splendid niarlde fountains, fine trees, and flowers. Damas- cus derives its water-supply, by an excellent system of canals, conduits, and pipes, from the Barada, the Abana of the Old Testament, which traverses the city from west to east and divides the newer portion of the city on the north from the ancient walled city with its sectarian quar- ters on the south. Of the seventy-one large mosques of Damascus that of the Ommiads is the most important. It is supposed to have been originally a heathen tem- ple converted into a Christian church at the end of the fourth century. It then contained what was believed to be the head of John