This section is from the book "Popular Law Library Vol4 Torts, Damages, Domestic Relations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
A battery is a consummated assault. Where a person is injured by force, wrongful intent on the part of the person responsible for such force is not essential to liability.32 Where no injury results the question of intent may become important.33
As in the case of assault, a battery may be committed in an almost infinite number of ways. The more common forms such as striking, kicking, hitting with a weapon or missile, etc., at once occur to everyone. In addition, striking a horse which another person was riding;34 or striking a cane which he carried in his hand;35 or putting any objectionable matter in the food or drink of another person;36 or putting disease germs on a towel;37 or touching a woman for improper purposes;38 or even the slightest touching of another in anger or disrespect are all batteries.39
80 3 Cyc, note p. 1025; State vs.
Malcolm, 8 Iowa, 413; Berkely vs. Conn., 88 Va., 1017, 14 S. E., 916.
81 People vs. Pope, 66 Cal., 366,
5 Pac., 621.
32 Street's Foundations of Legal Liability, Vol. I, p. 4.
33 See Section 19.
34 People vs. Moore, 50 Hun., 356. 35 Respublica vs. De Longchamps, 1 Dall (Pa.), 111. 36 State vs. Monroe, 121 N. C, 677,
28 S. E., 547; Commonwealth vs. Stratton, 114 Mass., 303, 19 Am. Rep., 350. 37 People vs. Blake, 1 Wheel (Crim.), 490.
Intent is not a necessary element in a battery. For example, where two persons were fighting and one of them accidentally gave a bystander a black eye, he was held guilty of a battery.40