Ashby v. White (1703) 92 ER 126 is a leading case on Injuria sine damnum. Injuria sine damnum is a Latin phrase which means injury without damage or it means infringement of an absolute private right without any actual loss or damage. In this case, the plaintiff was a qualified voter and he was prevented fromn giving a vote in a parliamentary election by the defendant who was a police officer. The party to whom he wanted to vote had won the election and the plaintiff filed a suit against the defendant stating that he was prevented from giving a vote and his right to vote was infringed and also claimed a certain amount of compensation for the damage caused
to him. The defendant in his defence said that the party to whom he wanted to vote had won the election and therefore, no damage or injury was caused to him. The Court held that no damage or injury was caused as the candidate for whom the plaintiff wanted to vote had won the election but his right to vote was violated. To restraina a person from giving vote is a civil wrong and therefore, the plaintiff had the right to seek remedy from the Court of law. Plaintiff was allowed damages by Lord Holt saying that “there is infringement of a legal right”.
