Prince v. Ridge
New York Supreme Court
Motion by the plaintiff for a new trial, the complaint having been dismissed on the trial for not stating a cause of action.
1Opinion of the Court
Gaynor, J.:
Blackstone defines an assault as “ an attempt or offer to beat another, without touching him; as if one hits up his cane or his fist in a threatening manner at another; or strikes at him but misses him ”; and says that it is a trespass for which a man shall have an action to recover damages (B’k 3, p. 120). Though not a complete definition, it may be, this gives a sufficient illustration of the nature of an assault; but the point is that an action for damages lies therefor. Though there be no battery, and therefore no physical hurt, still the law allows the jury to assess damages…
2Cases cited5 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Barbee v. ReeseMississippi Supreme Court · 1883
- Newell v. WhitcherSupreme Court of Vermont · 1880
- Lewis v. HooverIndiana Supreme Court · 1834
3Cited by11 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Wahlstrom v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2000
- Halio v. LurieAppellate Division of the Supreme Court of the State of New York · 1961
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Whitlow v. Bruno's Inc.Supreme Court of Alabama · 1990
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