Tort Law: Case briefs on assault from week 1

Assault

Western Union Telegraph v. Hill

• Facts: Employee of defendant, Western Union, attempted to touch the wife of plaintiff, Hill, and offered to “fix her clock” in return for sexual favors. Plaintiff had a routine contract for clock repair with defendant.
• History: Trial court for plaintiff, defendant appealed.
• Issue: Did the trial court err in submitting to the jury?  Was there assault that would cause for damages?
• Holding: No, no. Ought to be resubmitted to the jury; employee was acting beyond scope of employment.
• Result: Reversed.
• Rule: Only apprehension of imminent battery is requisite for assault.

MaGuire v. Almy

• Facts: The defendant, who is mentally insane, struck defendant, her caretaker
• Issue: Should the trial court have ruled in favor of the defendant on the grounds that insanity is a defense from battery?
• Holding: No
• Rule: If an insane person is capable of intent, he is liable under the same circumstances as a normal person.

Talmage v. Smith

• Facts: Defendant hit plaintiff with a stick, causing blindness. Defendant had intended the stick to scare or harm a different person.
• History: Trial court for plaintiff, defendant appealed.
• Issue: Is it still battery if the defendant intended the harmful action for a different party, and so harms an unintended party.
• Holding: Yes
• Rule: Transferable tort. If tort was intended for one party, then it’s transferable to another party.