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Read v. Coker

Common Bench

13 C.B. 850, 138 Eng. Rep. 1437 (1853)

Relevant factsFree

After a soured business arrangement over unpaid rent and trade fixtures, Read (plaintiff) returned to premises leased from Coker (defendant) and refused to leave when ordered to do so; Coker and several workmen then surrounded Read, rolled up their sleeves, and threatened to break his neck if he did not leave, prompting Read to depart out of fear of injury. Read sued Coker for assault, the trial judge left the question of intent to the jury, and the jury found for Read; Coker appealed.

IssueFree

Whether a verbal threat, without an accompanying gesture or action toward carrying it out, constitutes an assault.

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