Patterson v. Pillans
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia dismissing an action to recover damages for an alleged assault, a demurrer to the declaration baring been sustained and the plaintiff having elected not to amend. The Court in the opinion stated the facts as follows : This is an action in trespass on the case for damages for an alleged assault.
Read the full summary
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia dismissing an action to recover damages for an alleged assault, a demurrer to the declaration baring been sustained and the plaintiff having elected not to amend. The Court in the opinion stated the facts as follows : This is an action in trespass on the case for damages for an alleged assault. The appeal is from the judgment of the court below on demurrer to plaintiff’s declaration. It is alleged that plaintiff, Ella C. Patterson, was traveling with defendant, Helen M. Pillans, as a…
1Opinion of the CourtJustice Van Orsdel
Upon these allegations, unaccompanied by any threats whatever, it is sought to sustain a charge of assault. In Hays v. People, 1 Hill, 351, the following comprehensive definition of assault was given, which has been approved in many cases: “An assault is defined by these [authorities], to be an attempt with force or violence to do a corporal injury to another; and may consist of any act tending to such corporal injury, accompanied with such circumstances as denote at the time an inten*507tion, coupled with the present ability, of using actual violence against the person.”
Tested by this rule,…
2Cases cited1 opinion
- Braun v. CravenIllinois Supreme Court · 1898
3Cited by30 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Sousa v. United StatesDistrict of Columbia Court of Appeals · 1979
- Williamson v. United StatesDistrict of Columbia Court of Appeals · 1982
- Ernesto Guarro v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- Robinson v. United StatesDistrict of Columbia Court of Appeals · 1986
25 more not listed; retrieve them via the Exa API.