Tuberville against Savage
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 684
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 13. tuberville against savage. If a man lay his hand upon his sword and say, " If it were not assize-time, I would not take such language," this is no assault.-S. C. 2 Keb. 545. S. C. 1 Vent. 256. 2 Ro. Ab. 547. 6 Mod. 149. 10 Mod. 187. 1 Lev. 282. 1 Bac. Ab. 154. Gilb. Law of Evid. 256. 1 Com. Dig. 591. Bull. N. P. 15. 1 Hawk. P. C. 263. Action of assault, battery, and wounding. The evidence to prove a provocation was, that the plaintiff put his hand upon his sword and said, " If it were not assize-time, I would not take such language from you."-The question was, If that were an assault? - The Court agreed that it was not; for the declaration of the plaintiff was, that he would not assault him, the Judges being in town ; and the intention as well as the act makes an assault. Therefore if one strike another upon the hand, or arm, or breast in discourse, it is no assault, there being no intention to assault; but if one, intending to assault, strike at another and miss him, this is an assault: so if he hold up his hand against another in a threatening manner and say nothing, it is an assault.-In the; principal case the plaintiff had judgment.
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R v Brown Lucas Jaggard Laskey Carter (Conjoined Appeals)
...attends a party complain if his hand is seized in friendship, or even if his back is, within reason, slapped: see Tuberville v. Savage (1669) 1 Mod. 3. Although such cases are regarded as examples of implied consent, it is more common nowadays to treat them as falling within a general excep......
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Best Buy Company Inc. and Another v Worldwide Sales Corporations Espana SL
...it were not Assize time…” type of conditional threat, which would be understood as a statement that proceedings would not be taken: Tuberville v Savage (1669) 1 Mod. Rep. 3 ...
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R v Majewski
...element required to be present in assault has long been established in our law. As long ago as 1669 it was said in ( Tuberville v. Savage 1 Mod. Rep. 3), that, "… the intention as well as the act makes an assault. Therefore, if one strike another upon the hand, or arm, or breast in discours......
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Wilson v Pringle
...no intention to shoot the plaintiff. Nowadays an action such as that could only be brought in trespass on the case, in negligence. 9 Tuberville v Savage (1669) 1 Mod. 3 (86 ER 654) was an action for assault. The defendant clapped his hand upon his sword and said to the plaintiff, "If it wer......
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Judicial Review of Conviction for Simple Assault where Charge Alleges Assault by Beating: R (on the application of Kracher) v Leicester Magistrates' Court [2013] EWHC 4627 (Admin)
...words ‘Fuck off. If you come round the back I will beat you up’ amount to a conditional threat in accordance with Tuberville v Savage (1669) 1 Mod Rep 3; there is no threat of unlawful violence the victim fulfils a condition precedent? (2) The appeal should have been brought by way of case ......