River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-10-30

amounts to an assault in law and
the person against whom the at
tack was directed may bring civil
suit and recover damages against
the aggressor. True, these dam
ages will not be large when no sub
stantial injury has been inflicted,
but even where no injury or damage
Of any nature can be shown nomi-
nal damages-six cents-will be
awarded as vindication, and the as
sailant will be required to pay cost
of suit.
Pointing loaded revolver at an
other, or making hostile demon
Strations with any weapon, is an
assault. Pointing a revolver may
still amount to an assault though
the weapon be not loaded, pro-
vlded that the person threatened is
not aware of the fact. The courts
of Alabama, Indiana, Oregon and
Texas have ruled that pointing a
loaded revolver at another does not
amount to an assault; but in Iowa,
Kansas, Massachusetts, New York
and Tennessee it has been held to
be an assault.
The essential idea of an assault
lies in the attempt, real or appar-
eut, to do harm. The attempt need
not be real; it is sufficient if it is APP
parent, and appears to be real.
The intent to produce an assault is
not necessary if the action of the
attacker was hostile and produced
genuine fear,
The words or circumstances &C
companyiug threatening gesture
may be such as to show to a reason
able person that no harm is immi-
nent. The man who says, If l we're
not in my Sunday suit l would lick
you," and shakes his fist, is not
guilty of an assault His words
deny the implication of an immedi-
ate threat. Neither do preparations
to commit an assault amount TO an
assault. To amount to assault
there must be some physical effort
to carry the astack into effect. In
a case where one is held liable for
shooting a gun in the direction of
others, as joke, " as he explained
it, the judge said: Those who
shoot at their friends for amuse-
ment ought to warn them first that
it is mere sport"
Battery is added to assault when
the assailant so far accomplishes
his purpose as to reach the person
of the victim. To touch another in
anger, though in the slightest de-
gree, or to use violence against an
other 20 rudely force a passage, is,
in law, a battery. If one strikes
another with hostile attitude,
though it be but the weight of his
little finger, it is as truly a battery
as though he struck him a dozen
blows with great force. In the
latter case of course, greater dam
ages would be awarded to the in
jlred party. Battery has been de-
6aed as the unpermitted applica-
ton of force by one to the person OF
other.
Many are the instances of assault
end battery. If one strikes another
| i anger the case is clear. One
who rudely and unnecessarily jostles
another is guilty of assault and
battery. The party jostled, may, if
he desires, sue in civil action for
assault and battery, and recover
damages. Of course it is not every
bit of jostling ard pushing that
occurs in a crowd that amounts to
an assault and battery, but only
that which is inexcusable and un-
necessary. An overseer of poor
who cut the hair of an inmate of the
poor farm, contrary to his will, and
without authority of the law. was
held liable as for assault and bat
terry.
The body of the person assaulted
need not be touched in order to con-
stitute battery. 1t is enough that
the clothing be touched. If you
knock a mans hat off you have
committed battery. That it was
intended as joke is no defense if
the person injured did not willingly
submit to the joke and does not