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.