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TRESPASS TO PERSONS: BATTERY

LAW OF TORT | Page 6 of 12
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reasonable body of medical opinion, skilled in that particular form of treatment. R v Martin (1881) Crim LR 427 CA The defendant placed an iron bar across an exit door of a hall, put off the lights on the staircase and shouted "fire". In the struggle to escape, several persons were injured. The court held that the defendant was liable for battery. Leon v Met. Police Commr (1986) 1 CL 318 The plaintiff rastafarian was wrongfully suspected of carrying drugs. The police pulled him off a bus, punched and kicked him. The court held that there was battery of the plaintiff. Ballard v MPC (1983) 113 NLJ LR 1133 The plaintiffs who were feminists were attacked by police during a demonstration. One was felled down and carried away unconsciously. Another was felled down and poked with a baton in the stomach and hit over an eye. The police hit the head of the third lady with a baton. The court held: that there was battery. See also Freeman v Home Office (1984) QB 524 Pursell v Horn (1838) 112 ER 966. The defendant threw water on the plaintiff. The court held that it was battery to .throw water on a person. In Cole v Turner (1704) 87 ER 907. Letang v Cooper (1965) 1 QB 232 at 239, Holt CJ held "that the least touching of another in anger is battery.” To touch another person in anger, though in the slightest degree or under pretence of passing is a battery. If two or more persons meet in a narrow passage and without violence or design of harm one touches the other person gently, it is not battery. However, if any of them uses violence against the other to force his way in an inordinate manner or engages in any struggle about the passage to a degree as may do hurt, it will be a battery. . Nash v. Sheen (1953) CL Y 3726 The plaintiff went to the