A person is liable for the intentional tort of “assault” if (1) he/she acts intending to cause a harmful or offensive contact with the person of another or a third person, or an imminent apprehension of such a contact; and, (2) the other person is thereby put in such imminent apprehension. An act intended to cause […]
Articles Tagged: battery
Barton v. Bee Line, Inc.
265 N.Y.S. 284 (1933) One-Sentence Takeaway: The New York Appellate Division reversed a trial court’s jury instruction that held a common carrier strictly liable for a chauffeur’s alleged rape of a 15-year-old passenger under a penal statute criminalizing consensual intercourse with a minor, ruling that such civil liability cannot be imposed absent proof of non-consent […]
Alcorn v. Mitchell
63 Ill. 553 (1872) After a trial for trespass, Defendant spit in Plaintiff’s face. Plaintiff sued Defendant for battery and the trial court rendered a judgment of $1,000 for Plaintiff. Defendant appealed the judgment on the grounds that the judgment was excessive. The issue presented to the court of appeal was whether punitive damages can […]