Nominal damages are those of no appreciable amount. Nominal damages are awarded where there has been an infringement of a legal right, but where such infringement occasioned no real damage, and where it was not accompanied by aggravating circumstances.9 The plaintiff, in some cases, may recover nominal damages even where the wrongful act of the defendant resulted in a benefit to the plaintiff.

4 New Orleans, etc., R. Co. vs. Statham, 42 Miss., 607, 97 Am. Dec, 478; In Southern R. Co. vs. Kendrick,40 Miss., 374, 390, 90 Am. Dec, 332, it is said, that "a neglect of duty, clearly not attended with any circumstances of insult, of aggravation of feelings, of injury or mental suffering, would not justify vindictive damages; yet if there be any evidence tending to show such circumstances, its weight and force rest peculiarly in the discretion of the jury."

5 Guilford vs. Anglo-French Steamship Co., 9 Car., Sup. Ct., 303.

6 McPherson vs. Ryan, 59 Mich., 33, 26 N. W., 321.

7 Hale on Damages, p. 213; Richmond vs. Shickler, 57 Iowa, 486; North vs. Johnson, 58 Minn., 242, 59 N. W.

8 Bird vs. Railroad Co., 8 Rich.

Eq., 46.

9 Hancock vs. Hibbill, 71 Cal., 527,

Ga., 985, 42 S. E., 413; Radloff vs. Haase, 196 111., 365, 63 N. E., 729.

Section 8. Substantial Damages

Substantial damages are any damages, either compensatory or exemplary in their character, which amount to an appreciable sum.