2. When an injury has been done to an article, it has been questioned whether in estimating the damage there is any just ground in any case, for admitting the pretium affectionis? It seems that when the injury has been done accidentally by culpable negligence, such an estimation of damages would be unjust, but when the mischief has been intentional, it ought to be so admitted. Kames on Eq. 74, 75.