PART I.

OF PRIVATE RIGHTS AND WRONGS CONCERNING

THE PERSON, CHARACTER, OR REPUTATION.

B

3

CHAPTER I.

OF CORPORAL SECURITY.

CAP. I.

LIFE is the immediate gift of God, a right PART I. inherent by nature in every individual. (1

Right to life

security.

Bl. Com. 129, 134.) And as a general rule, and corporal everyone is also entitled to immunity from all corporal insults and injuries. 1.

corporal

Injuries to corporal security are either Injuries to direct or consequential. (Broom Com. 662; security. 3 Ste. Com. 461.) 2.

In order to maintain an action for a bodily Evil intent. injury, whether direct or consequential, it is

not essential to show that it originated in
any evil intent, or was wilful.
A person
may be sued for an act done accidentally
or by mistake, unless it was unavoidable
or occasioned by the plaintiff's negligence.
Frequently, however, such injuries may be
made the subject of a criminal prosecution;
and in that point of view the existence of
a criminal intent may be most material.
(Broom Com. 662-3; Rosc. 592; Ad. Torts,
3rd ed. 585; Skelton v. London and N. W.

CAP. I.

PART I. Ry. Co., L. R. 2 C. P. 631; Holmes v. Mather, L. R. 10 Ex. 261.) 3.

SEC. I.

Threats.

2. Assault.

SECTION I.

Of Direct Injuries to Corporal Security.

Corporal security may be directly affected by threats, assault, battery, wounding, or mayhem. 4.

1. Threats of bodily hurt, through fear of which a person's business is interrupted, are a ground of action. But they do not constitute a ground of action where they produce no inconvenience. (3 Ste. Com.

459.) 5.

2. A laying hands on the person of another, or touching him directly or indirectly (as by overturning his carriage or chair), whether intentionally or not, or an apparent attempt or offer, coupled with a present ability, to do hurt to the person of another, constitutes an assault. So that even the holding up a fist or shaking a whip, when near enough to be able to hit, or advancing with a whip or a fist uplifted in a threatening manner, is an assault. (Selw. 26; Ad. Torts, 2nd ed. 481; Broom Com. 664; Rosc. 592.) 6.

PART I.

CAP. I.

SEC. I.

3. A battery includes an assault; but as distinguished from a mere assault, it is the actual and unwarrantable striking a person 3. Battery. or in any way touching him, in a violent, angry, rough, rude, or insolent manner. And of this nature is the act of pouring water on a person, or spitting in his face. (Ad. Torts, 2nd ed. 483; Broom Com. 664, 666; 3 Ste. Com. 459; Selw. 4; Rosc. 592.) 7.

ing.

4. Wounding is an aggravated species of 4. Woundbattery, amounting to a bodily hurt. 8.

5. Mayhem is the depriving a person of, 5. Mayhem. or injuring, a member of the body which is available for fighting (such as a leg, an arm, an eye, or a fore tooth), or otherwise injuring him corporally in such a manner as to diminish his power of fighting or defending himself. And for this, or for wounding, heavy damages are recoverable, unless the act amounts to a felony, or can be justified or excused. (Ad. Torts, 396; 3 Ste. Com. 460; Wharton.) 9.

battery in

If the plaintiff was the aggressor, and Assault and struck or even only assaulted the defendant defence. in the first instance, and the act of the defendant was in actual self-defence, it is justifiable. And an assault and battery is justifiable when in actual defence of a wife or husband, parent or child, master or servant,