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Cole v. Turner

Nisi Prius, 1704

6 Modern Rep. 149, 90 Eng.Rep. 958

Audio opinion coming soon

Brief Fact Summary

Cole harmfully and/or offensively touched Turner.

Rule of Law and Holding

A person is liable for battery if he/she causes harmful or offensive contact. Intent was not required at this time (1704). This rule protects dignity interest with compensation, and grants money for injury.

Edited Opinion

Note: The following opinion was edited by AudioCaseFiles' staff. © 2008 Courtroom Connect, Inc.

At Nisi Prius, upon evidence in trespass for assault and battery, Holt, C.J., declared:

1. That the least touching of another in anger is a battery.

2. If two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently it will be no battery.

3. If any of them use violence against the other, to force his way in a rude inordinate manner, it is a battery; or any struggle about the passage, to that degree as may do hurt, is a battery.