Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-07-04

Assaults and Batteries
BY Walter X. Towers, A. B., J. D.,
of tho Michigan Bar.

BY Walter K Towers. A. B., J. D.,
of the Michigan Bar.
Many are the happenings of every.
day life that might, under strict rules
Of law, be held to be assault and bat
terry, if the persons involved chose
to bring the matter to the attention
of court. Enough are taken up by
aggrieved parties, who choose to
press actions for assault and bat
terry frequent indeed. So, an action
for assault and battery is likely to
happen within the experience of any
Of u.s. The victim of more than one
practical joke" has failed to view
the matter as a Joke" and recovered
damages against the joker, whom
the law held to be guilty of an as
sault 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 as
sault 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
a disturbance. The action is taken
in the name OF the state, and if 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 pri-
vate action taken by the aggrieved
party, in which he moves in his own
name by his own attorney. If he is
successful he RECEIVERS damages to
recompense him for the injuries 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 individ
ual. The state may punish the ag-
gfessoy for his crime against it's
peace and dignity, and the private
distinct private suit in his own be-
half to recover damages. 1t is the
private action by the individual to
secure recompense for the injuries
he has suffered that is of most inn
mediate concern to the average in
dividual, and it is the circumstances
that give rise to this civil action
that we will discuss here. The
grounds Of criminal liability are not
in most states, though a
conviction for assault and
battery is more difficult to secure
than damages in vindication of pri-
vate wrong.
Though generally used together as
sault and battery are two distinct
things There may be an assault
without any battery, though a bat
terry is usually accompanied by an
Thus Mortin was walking
along the footpath by the side of
the road, when Shoppee, who had
him in the past, came
riding from behind, mounted on his
horse. Shoppee rode straight at Nor
tin In most threatening manner,
and MOrtin, by desperate running,
just managed to keep ahead until
he could turn into the garden gate.
Shoppeee sat his horse without in
viting MOrtin to come out and be
licked" Mortin sued Shoppee for
assault and recovered, although he
had not been touched. These hostile
which threaten i'm
mediate bodily harm to another and
put him in reasonable fear of his
personal safety amount to an as
sault, in law, although the assailant
does not succeed in touching the per-
son attacked.
A frequent instance of assault is
where one man starts in the direc-
ton of another shaking his fists with
every apparent intent of attacking
him, but is checked and held by by
ISLANDERS before be can reach his in
tended victim. This action amounts
to an assault in law and the per-
son against whom the attack was
directed may bring civil suit and re-
cover damages against the aggresSor
True, these damages will not be
large where no substantial injury has
been inflicted, but even where nc
jury OF damage of any nature car
be shown nominal damage-six cents
will be awarded as vindication
and the assailant will be required tt
pay the cost of suit
Pointing a loaded revolver at an