150 So. 709 (Ala. App. 1933)

Mrs. Hill came into the Western Union office and approached the counter to address Mr. Sapp, a Western Union employee.  He made suggestive comments to Hill and reached across the counter toward her.  She testified that she jumped back: “I was in his reach as I stood there.”

Defendant introduced evidence that the counter came up to Sapp’s armpits and that it was of such a width that he could reach only to the outer edge of it.  Other testimony indicated that Sapp could have reached 6 to 18 inches beyond the counter.

The court ruled that the evidence created a jury question whether a reasonable person in Hill’s position would have a well-founded apprehension of a battery.

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