DAMAGES, SPECIAL - Special damages
are one actually sustained, rather than implied by
law. They are either added to general damages arising
from an act injurious in itself; such as when some
particular loss arises from the uttering of slanderous
words, actionable in themselves; or are such as arise
from an act not actionable in itself, but injurious
only in its consequences; such as when the words become
actionable only by reason of special damage ensuing.
To constitute special damage, the legal and natural
consequence must arise from the tort - not from a
mere wrongful act of a third person or a remote consequence.
Pleading. As distinguished from the gist of the action,
signify that special damage which is stated to result
from the gist; e.g., if a plaintiff in an action of
trespass for breaking his close, entering his house,
and tossing his goods about were to state that he
was obliged to seek lodging elsewhere due to the damage
done to his house.
Sometimes the special damage is said to constitute
the gist of the action itself; e.g., in an action
wherein the plaintiff declares for slanderous words
which of themselves are not a sufficient ground or
foundation for the suit, but if any particular damage
result to the plaintiff from the speaking of them,
that damage is properly said to be the gist of the
action.
But whether special damage be the gist of the action,
or only collateral to it, it must be particularly
stated, as the plaintiff will not otherwise be permitted
to go into evidence of it at the trial, because the
defendant cannot also be prepared to answer it.
