Western Union Telegraph Co. v. Hill

After Mrs. Hill followed up in person on a clock-repair request at Western Union's (defendant) office, employee Sapp, who managed the office and was slightly drunk, told her he would fix the clock if she came behind the counter to let him love and pet her, repeated the statement, and reached toward her though the counter's height meant he could not fully reach her without leaning; evidence suggested he might have been able to reach far enough to touch her. Hill sued Western Union for assault; the jury found for Hill after the trial court submitted the assault question to it, and Western Union appealed.

Whether the elements of actionable assault were established by evidence of an intentional offer to touch coupled with apparent present ability, and whether an employer is vicariously liable for an employee's conduct that departs from the employer's business to pursue an entirely personal matter.