Cole v. Turner (1704) 6 Mod Rep

Material Facts:

The plaintiff, a husband and a wife, brought an action against the defendant for battery.

Issues:

1. Whether or not touching of any kind could be termed battery even without the element of aggression/anger.

Holding:

1. An element of aggression/anger is necessary for an act of touch to constitute battery.

Ratio Decidendi:

Per Holt CJ, “the least touching of another in anger is a battery. If two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently, it is no battery. If any of them use violence against the other, to force his way in a rude inordinate manner, it is a battery; or any struggle about the passage, to that degree as may do hurt, is a battery”