Briefs
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University of Illinois, Chicago *
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Course
465
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by KidPowerCoyote33
(SAMPLE ONE)
Western Union Telegraph Co. v Hill
Procedural Posture
:
Defendant, Western Union Telegraph Co., appeals trial court's judgment for plaintiff, J.B. Hill. Court of Appeals for Alabama affirms trial courts judgment.
Issue:
Whether the action for damages for assault can be supported when the defendant has not touched
the person of the party alleging assault.
Rule of Law
:
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-founded fear of imminent battery, coupled with the apparent present ability to effectuate the attempt if not prevented.
Relevant Facts
:
Sapp was working for the defendant as a manager in its telegraph office in Huntsville, Alabama. Western Union Telegraph Co. was under contract with Hill for the upkeep of an electric clock in his place of business. If the clock needed to be worked on, it was to be reported to Sapp who would then report it to a special man who would fix the clock. The plaintiff's wife had called in a
request that the clock needed fixing. After no one came to fix the clock, the plaintiff's wife then went to the office of the defendant. In this office, the plaintiff was separated from Sapp by a counter that stood at four feet and two inches high. When Sapp asked what he could do for the plaintiff's wife, she responded by asking if he had understood her over the phone that her clock was out of order and asked when would he fix it. Sapp then responded with, "If you will come back here and let me love and pet you, I will fix your clock." He then reached for the plaintiff's wife with his hand and she jumped back away from the counter. Sapp denies reaching for her and
uses the counter as evidence that he couldn't reach her. Other evidence shows he could have reached six to eighteen inches beyond the counter.
Court's Reasoning
:
Assault does not have to have a battery to complete it. The court defines assault as 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-founded fear of imminent battery, coupled with the apparent present ability to effectuate the attempt if not prevented. In this case, the elements of assault were met although the defendant did not touch the
plaintiff's wife, because the defendant had the apparent ability to touch her, creating reasonable fear in the mind of the wife.
Holding
:
Yes, the action for damages for assault can be supported even when the defendant has not touched the person of the party alleging assault.
Case Brief (SAMPLE TWO)
(
Western Union Telegraph Co. v. Hill)
Procedure History
: Hill sued Western Union for assault. Trial court ruled in favor of Hill. Western Union appealed the matter to the Court of Appeals of Alabama. Issue:
Whether Sapp’s actions constituted an assault towards Mrs. Hill.
Rule of Law:
To make an actionable assault one must make an intentional unlawful offer to touch another in a rude or angry manner that would create a fear of battery, added with the ability of the offender to carry out the attempt. Relevant Facts: The defendant Western Union Telegraph Co had a contract to regulate an electric clock in the plaintiff’s J.B Hill’s office. Sapp an employee of Western Union was the person who would receive reports about clock repairs. The plaintiff’s wife went to the office of Western Union to report a complaint about her clock needing a repair. There the plaintiff’s wife found Sapp standing behind a counter which was four feet tall and two inches high and so wide that Sapp standing on the floor, leaning against the counter and stretching his arms and hands to full length, the end of his fingers reaches just to the outer edge of the counter. Sapp had been drinking as well, consuming two or three drinks. When Mrs. Hill the plaintiff’s wife walked into the office, Sapp asked Mrs. Hill what he could do for her. Mrs. Hill explained that her clock was broke and needed a repair, in which Sapp replied “If you will come back here and let me love and pet you, I will fix your clock.” Sapp repeated this to Mrs. Hill and proceeded to reach for her
hand. Sapp extended his hand towards Mrs. Hill but did not touch her as Mrs. Hill jumped back. However, there is evidence that suggests Sapp could have reached Mrs. Hill.
Court’s Reasoning:
The physical evidence that are the photographs show that Sapp could not have reached the plaintiff’s wife Mrs. Hill unless she was leaning against the counter or that Sapp was standing on top of something so that he could have a better chance to reach beyond the
counter. There is proof for that to have happened as Sapp could have reached from six to eighteen inches beyond the counter to touch Mrs. Hill. The Trial court was correct with their ruling on whether Sapp’s actions constituted an assault. Holding:
Yes, to constitute an action for assault, one must make an intentional unlawful offer to touch another in a rude or angry manner that would create a fear of battery, added with the ability of the offender to carry out the attempt. Cleary Sapp has demonstrated this by telling the plaintiff’s wife Mrs. Hill if she would let him love her and pet her. A reasonable person would find this gesture rude. Although Sapp did not touch Mrs. Hill there is reason to believe that he could of as he was not physically restrained behind the counter and could have reached for Mrs. Hill while he was making the rude remarks.
* I agree with the courts opinion because what Sapp did in this situation shows that it was an actionable assault. He made the mistake of drinking while working which probably provoked his intention to say his remarks towards Mrs. Hill and touch her. * Some facts that might change the courts decision might be if Sapp’s actions were not intentional, if maybe he regarded his intentions in a joking manner and that he was not trying to touch Mrs. Hill in a rude way.
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