And the courts that have recognized such causes of action have not allowed an action for nominal damages for harmless intermeddling with the chattel . Here, Mummagraphics had failed to submit any evidence the receiving the 11 commercial emails from Cruise . com placed a meaningful burden on its computer system.
42.
With regards to the Mummagraphics tort claim asserting that Cruise . com s emails amounted to trespass to chattels under the Oklahoma state law, the court held that the district court correctly granted summary judgment on this claim because Mummagraphics had not offered evidence that the Cruise . com emails caused Mummagraphics more than nominal damages.
43.
On the contrary, from my earliest reading, I have considered it laid up among the very elements of the common law that, wherever there is a wrong, there is a remedy to redress it; that every injury imports damage in the nature of it; and, if no other damage is established, the party injured is entitled to a verdict for nominal damages ."
44.
This is, if one may say so with the very deepest respect, in apparent conflict with the decision on the first question, for, if the maintained litigation was just and succeeded and is not a bar to the action, the plaintiff could scarcely claim anything but nominal damages, and, according to the answer to the first question, the action for nominal damages will not lie.
45.
This is, if one may say so with the very deepest respect, in apparent conflict with the decision on the first question, for, if the maintained litigation was just and succeeded and is not a bar to the action, the plaintiff could scarcely claim anything but nominal damages, and, according to the answer to the first question, the action for nominal damages will not lie.
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