Howell v. Winters

Citations

• 58 Wash. 436
• 108 P. 1077
• 1910 Wash. LEXIS 952

Syllabus

<p>Assault and Batteby—Civil Action—Definition—Instructions. An assault is sufficiently defined by an instruction to the effect that it may be found where one shook his fist in the face of another in such proximity that he could have struck such person, or near enough to produce a feeling on the part of such other person that he might be struck; the presence or absence of an assault depending more upon the apprehension created than the undisclosed intent.</p> <p>Sane—Justification—Instructions. In an action for an assault committed in defendant’s store, the right of the defendant to remove the plaintiff from the store is sufficiently stated in an instruction to the effect that defendant had a right to request the plaintiff to leave, and to use sufficient force to eject her, but that her refusal to leave would not justify an assault; especially where the assault was not committed in removing the plaintiff.</p>