I De S Et Ux v. W De S At The Assizes, Y.B. Lib.Ass. Folio

99, placitum 60 (1348)


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.