Torts I, Page 39

I de S et ux. v. W de S

Assizes, 1348

Facts:

W de S went to I de S’s house/tavern. He beat on the door with a hatchet and demanded to buy wine. I’s wife M stuck her head out of a window and demanded he stop. To this, W struck at M but missed her.

Procedural History:

The inquest said no trespass was present since there was no harm to M.

Issue:

Can an assault be present if no harm was done?

Rule/Holding:

The apprehension itself is a harm, even if physical damage was not done.

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