Western Union Telegraph v. Hill
F: P request D to fix her clock. Upon hearing nothing from D, P directly went to D. D, who had 2 or 3 drinks, tried to put his hand to P with a request that she come behind the counter in D’s office, and that, if she would come and allow D to love and pet her, he would fix her clock.
[Apprehension (different from fear)]
I: Whether D had an enough space to reach P to touch her as to the apparent present ability in establishing of an assault [Did P have awareness of present ability to effectuate ?]
R: The actual ability of D to cause harmful or offensive touching is not a requirement for assault.
[Physical contact is impossible. Doesn’t matter literally impossible, but to be apparently impossible. Appearance to the plaintiff.(subjective but must be reasonable) Not the question of actually possible.
C: Reversed on the ground that D had not acted within the scope of his employment
Co: While every battery includes an assault, an assault does not necessarily require a battery to complete it. What it does take to constitute an assault is an unlawful attempt to commit a battery, incomplete by reason of some intervening
cause; or to constitute an actionable assault there must be an intentional, unlawful, offer to touch the person of another in a rude or angry manner under such circumstances as to create in the mind of the party alleging the assault a well funded fear of an imminent battery, coupled with the apparent present ability to effectuate the attempt, if not prevented. [Apprehension according to the court it must be reasonable : well founded fear
an awareness of you can make it happen a contact....]
F: P request D to fix her clock. Upon hearing nothing from D, P directly went to D. D, who had 2 or 3 drinks, tried to put his hand to P with a request that she come behind the counter in D’s office, and that, if she would come and allow D to love and pet her, he would fix her clock.
[Apprehension (different from fear)]
I: Whether D had an enough space to reach P to touch her as to the apparent present ability in establishing of an assault [Did P have awareness of present ability to effectuate ?]
R: The actual ability of D to cause harmful or offensive touching is not a requirement for assault.
[Physical contact is impossible. Doesn’t matter literally impossible, but to be apparently impossible. Appearance to the plaintiff.(subjective but must be reasonable) Not the question of actually possible.
C: Reversed on the ground that D had not acted within the scope of his employment
Co: While every battery includes an assault, an assault does not necessarily require a battery to complete it. What it does take to constitute an assault is an unlawful attempt to commit a battery, incomplete by reason of some intervening
cause; or to constitute an actionable assault there must be an intentional, unlawful, offer to touch the person of another in a rude or angry manner under such circumstances as to create in the mind of the party alleging the assault a well funded fear of an imminent battery, coupled with the apparent present ability to effectuate the attempt, if not prevented. [Apprehension according to the court it must be reasonable : well founded fear
an awareness of you can make it happen a contact....]
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