Torts
Western Union Telegraph Co. v. Hill
Names of Parties: The Court: Court of Appeals, Alabama Date: 1933 Cause of Action: Assault Facts: (D) was behind a large sized desk at his place of business. (P) came in for a service. (D) advanced towards her from the other side of the desk trying to grab, grope, etc., her. Differing Allegations (if any): (D) said that he did not try and grab her. Prior Procedural History: Issues: IS there an assault present even if the (D) could not physically get to the (P)? What is required for their to be an assault? Rule: AN assault is present when a person tries to unlawfully, intentionally try and touch another person in a rude or angry manor, creating a state of fear in the mind of the other party of an expected battery, coupled with the apparent ability to effectuate the attempt while not doing so. Courts Decision: This was an assault because the (D) advanced towards the (P) is such a way that she felt she was going to be harmed. Although the table made it difficult for the (D) to actually touch the (P) he still could have done so. Reasoning: