I de S et Ux v. W de S
Old Old Place - 1348
- D approached the house of P to buy some wine. D pounded on the door, P stuck her out of the window and asked D to stop.
- D threw a hatchet at P and missed her.
- P sued D for assault.
- Lower court dismissed the action since there was no injury.
- Reversed on appeal to this court.
- Is a D liable for assault on a person even though there has not been an actual physical ivasion of the person by the D?
- A D may be liable for assault on a P, even though there has been no actual physical invasion of the P by the D.
- While there was no harm to P, D did commit a tort of assault and should pay damages.
- This is one of the first cases where the court found an action in tort without any proof of actual injury.
- Assault is defined as an intentional act by the D which causes imminent apprehension of harmful or offensive touching by the P.
- The extent to which one has been apprehensive is judged based upon what is reasonable to an average person under similar circumstances.