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: