Noble v. Louisville Transfer Co.
Court of Appeals of Kentucky
255 S.W.2d 493 (1952)
Relevant factsFree
After young Sherry vomited in a Louisville Transfer (defendant) taxi during a late-night ride, the driver, Wood, allegedly detained Sherry outside the taxi while her mother Noble (plaintiff) cleaned the vehicle; Wood testified he only touched Sherry to keep her from falling over while she was heaving again, asking if she was "through vomiting yet." The Nobles sued for assault, battery, and false imprisonment, and the trial court directed a verdict for the defendants, prompting the Nobles' appeal.
IssueFree
Whether battery requires a harmful or offensive physical contact made with manifest intent to harm.