University:
Georgia State University
Course:
LAW 5060 | Torts I
Academic year:

2023
Views:

88

Pages:

2
Author:

Carlo Shannon

Beach v. Hancock Plaintiff: Beach Defendant: Hancock Party’s Relationship, Identities, Description: Π Δ Court: Supreme Court of New Hampshire Date: 1853 Citation: 27 N.H. 223 Procedural History:  The trial court/ jury ruled that the Δ had committed an assault  Δ moved for a new trial Key Facts:  Δ stepped into π’s office and aimed a gun at the π in a an angry and threatening manner  Π was within 3-4 rods distance  Π was not aware whether the gun was loaded or not  Δ snapped the gun twice at the π Issue(s): Did the Δ commit an assault by threatening π with an unloaded gun? Summary of Argument:  Δ argued against trial court’s ruling and instructions to the jury  Π argued that it was assault Rule: In order for a defendant to be liable for battery, the actor must experience a reasonable fear of harm. Holding(s): Yes, the Δ was liable for assault and there was no reason to take exception to the court’s remarks. Court’s Reasoning:  As a part of civilized society people are meant to feel secure from unlawful assaults  Peace and order, domestic happiness, cannot be enjoyed without security. We have a right to live in society without being put in fear of personal harm  The harm must reasonable of which we complain  It is reasonable that a person experiences fear of personal injury when a gun is pointed at them in a threatening manner and he is unsure whether the gun is loaded or not, but knows that if it is loaded it could cause his death. Judgement or Order: Judgment on verdict (affirmed). Dissent: n/a Comments/Dicta/Notes:

Beach v. Hancock Case Brief

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