River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-10-30
POPULAR TALKS ON LAW
Assault and Batteries
sy Walter K. Towers, a. g., J. D., Of the
Michigan Bar.

HlSti4cu 1NEs
Many are the happenings of
everyday life that might, under
strict rules of law, be held to as
sault and battery, if the persons in
voved chose to bring the matter
to the attention of the court
Enough are taken up by aggrieved
parties, who choose to press their
claims before the law, to make ac-
tions for assault and battery fire.
quent indeed So, an action for as
sault and battery is likely TO hap
pen within the experience of any Of
US. The victim of more then one
practical Joke" has failed to view
the matter as a Joke" and recovered
damages against the joker, whom
the law held guilty of an assault
and battery. Not infrequently an
angry assailant, though he fails to
reach the man upon whom he would
vent his wrath, finds that he must
pay damages to the person whom
he failed to touch, because he has
committed a technical assault. So
too, the fist fight of ancient origin
brings forth an action for assault
and battery-civil or criminal.
A criminal action is one under
taken by the public prosecutor
though possibly at the instance of
the aggrieved party-to punish the
offender for his affront to the peace
and dignity of the state in creating
disturbance. The action is taken
in the name of the state, and il the
offender is found guilty the result
is punishment-a fine, which the
state receives, or imprisonment.
The civil action, on the other hand,
is private action taken by the ag-
grieved party, in which he moves in
his own name by his own attorney
If he is successful he RECEIVERS dam
ages to recompense him for the in
juries he has suffered, and these
are paid to him. The same fist
fight may be both a crime against
the state and a private wrong
against the individual. The state
may punish the aggressor for his
crime against its peace and dignity,
and the private citizen also brings
a separate and distinct private suit
in his own behalf to recover dam
ages. 1t is the private action by
the individual to secure recompense
for the injuries he has suffered that
is the most immediate concern to
the average individual, and it is the
circumstances that give rise to this
civil action that we will discuss
here. The grounds of criminal IL
ability are not dissimilar, in most
states, though criminal conviction
for assault and battery is more diff
tcult to secure than damages in a
vindication of private wrong,
Though generally used together
assault and battery are two distinct
things. There may be an assault
without any battery, though a bat
terry is usually accompanied by an
assault. Thus Mortin was walking
along the footpath by the side of
the road, when Shoppee, who had
threatened him ia the past, came
riding from behind, mounted on
his horse. Shoppee rode straight
at Mortin in the most threatening
manner, and Mortin, by desperate
running, just managed to keep
ahead until he could turn into the
garden gate. Shoppee sat on his
horse without, inviting Mortin to
come out and be licked" Mortin
sued Shoppee for assault and re-
covered, although he had not been
touched. These hostile demonstra-
tions, which threaten immediate
hostile bodily harm to another and
put him in reasonable fear of his
persona safety amount to an as.
sault, in law, although the assailant
does not succeed in touching the
person attacked.
A frequent instance of assault is
where one man starts in the direc-
ton of another shaking his fists
with every apparent intent attack.
ing him, but is checked and held by