WESTERN UNION TELEGRAPH CO. V. HILL
Ct. of App. of Ala, 25 Ala. App. 540, 150 So. 709 (1933).
NATURE OF THE CASE: This was an action to recover damages for an assault.
FACTS: Sapp (D) was an employee of Western Union (D). Mrs. Hill (P) came to the office
for a clock repair, D attempted to put his hand on her, requested that she come behind the
counter, and allow D to love and pet her. He would fix her clock. P claimed that D then made
a grab for her shoulder over the counter. D introduced testimonial and physical photographic
evidence that the counter was 4' 2' high and came to D's armpits and the end of his fingers
just reached to the outer edge of the counter. D had two or three drinks and was still
feeling the effects of the whiskey. Despite the contradicting stories of each party it was
proven that it was unlikely that D could have reached P. Judgment was rendered for P. D
appealed on the grounds that there was no apparent ability to carry out his threat.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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