BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] |
|
England and Wales High Court (King's Bench Division) Decisions |
||
|
You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Tuberville v Savage [1669] EWHC KB J25 (30 January 1669) URL: http://www.bailii.org/ew/cases/EWHC/KB/1669/J25.html Cite as: (1669) 1 Mod Rep 3, 86 ER 684, [1669] EWHC KB J25 |
||
[New search] [Help]
86 ER 684, (1669) 1 Mod Rep 3 |
||
B e f o r e :
____________________
| Appellant | ||
| v | ||
| Respondent |
____________________
(1669) 1 Mod Rep 3, 86 ER 684
KING'S BENCH
30 January 1669
____________________
Tuberville
-v-
Savage
____________________
Judgment
Action of assault, battery, and wounding.
The evidence to prove a provocation was, that the plaintiff put his hand upon his sword and said, "If it were not assize-time, I would not take such language from you." The question was if that were an assault. The Court agreed that it was not; for the declaration of the plaintiff was, that he would not assault him, the Judges being in town; and the intention as well as the act makes and assault. Therefore if one strike another upon the hand, or arm, or breast in discourse, it is no assault, there being no intention to assault; but if one, intending to assault, strike at another and miss him, this is an assault: so if he hold up his hand against another in a threatening manner and say nothing, it is an assault. In the principal case the plaintiff had judgment.
