I DE S ET UX V. W DE S
At the Assizes, Y.B. Lib.Ass. folio 99, placitum 60 (1348).
NATURE OF THE CASE: This was an action to recover for damages for trespass because of an
assault made on a party with force of arms.
FACTS: W (D) came at night to the house of I and beat the door of I's tavern with a
hatchet in order to get I to open it so D could buy some wine. I's tavern was closed for the
night. I's wife, stuck her head out the window and commanded D to stop. D then swung the
hatchet at P but did not hit her. D claimed there was no trespass because he did not
actually harm P. The court dismissed the action because no harm had been suffered by the
wife and therefore there could be no recovery. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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