I de S et Ux v. W de S

Old Old Place - 1348

Facts:

• 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.

Procedural History:

• Lower court dismissed the action since there was no injury.
• Reversed on appeal to this court.

Issues:

• 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?

Holding/Rule:

• 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.

Reasoning:

• While there was no harm to P, D did commit a tort of assault and should pay damages.

Dissent:

• None.

Notes:

• 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.