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211) Justice Story viewed the right to sue as necessarily entailing both elements: "[T]o maintain an action, both [wrong and damage] must concur; for damnum absque injuria, and injuria absque damno, are equally objections to any recovery.
if there be damnum absque injuria, or injuria absque damno.
In fact, however, there is considerable historical support for the proposition that private suits will not lie for injuria absque damno any more than they will lie for damnum absque injuria.