COLE v. TURNER
At Nisi Prius, coram Holt, C. J., Easter Term, 1704.
Reported in 6 Modern Reports, 149.
Holt, C. J., upon evidence in trespass for assault and battery declared,—
First, That the least touching of another in anger[[14]] is a battery.
Secondly, If two or more meet in a narrow passage, and, without any violence or design of harm, the one touches the other gently, it will be no battery.[[15]]
Thirdly, If any of them use violence against the other, to force his way in a rude, inordinate manner, it will be a battery; or any struggle about the passage to that degree as may do hurt will be a battery.
INNES v. WYLIE
At Nisi Prius, coram Lord Denman, C. J., February 22, 1844.
Reported in 1 Carrington & Kirwan, 257.
Assault. Plea:[[16]] Not guilty.
It further appeared that the plaintiff, on the 30th of November, 1843, went to a dinner of the society at Radley’s Hotel, and was prevented by a policeman named Douglas from entering the room; and it was proved by the policeman that he acted by order of the defendants.
With respect to the alleged assault, the policeman said, “The plaintiff tried to push by me into the room, and I prevented him;” but some of the other witnesses stated that the plaintiff tried to enter the room, and was pushed back.
Erle addressed the jury for the defendant. There is no assault here. The policeman, who must best know what was done, says that the plaintiff tried to push into the room, and he prevented him; and preventing a person from pushing into a room is no assault, the assault, if any, being rather on the other side.