Beach v. Hancock
New Hampshire Supreme Court
27 N.H. 223 (1853)
Relevant factsFree
During an argument with Beach (plaintiff), Hancock (defendant) grabbed an unloaded gun, pointed it at Beach, and pulled the trigger twice. Beach did not know the gun was unloaded. Beach sued Hancock for assault, and the trial court found for Beach. Hancock appealed.
IssueFree
Whether a defendant commits assault by aiming an unloaded gun at a plaintiff who reasonably, but mistakenly, fears bodily injury.