Stephens v Myers (1830)

Law of Torts · Trespass to the Person

Facts.

At a parish meeting the defendant, sitting about seven places from the chairman, became disorderly. A resolution was passed to eject him. He said he would rather pull the chairman out of his chair than be turned out, and advanced towards him with a clenched fist — but was stopped by the churchwarden sitting next but one to the chairman.

Issue.

Is there an assault where the defendant is stopped before he can reach the plaintiff?

Held.

Yes. There was a present ability, coupled with an intention, to carry out the threat, and the plaintiff reasonably apprehended immediate force. That he was in fact prevented does not undo the apprehension already created.

Why it matters.

It is the classic authority that assault protects the apprehension of force, not the body, and it decides the parish-meeting problem set in 2012 and 2014.

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