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BATTERY 1

handle is hein.ali/relwtrts0211 and id is 1 raw text is: BATTERY. SECTION 1. Battery is the slightest intentional touching of another's person not consented to by him and unwarranted by the usages of decent society and offensive to a reasonable sense of personal dignity. Illustration: Any intentional touching with the intent to insult another, such as a slap or the flick of a glove against another's face, the throwing of even a drop of water or wine upon the person or cloth- ing of another, is a battery. So also, while those contacts inseparable from life in a crowded mod- ern community, such as the unavoidable contact of pedestrians in a crowded street, are not bat- teries, yet the forcing of one's way through a crowd in a rude and inordinate manner is a bat- tery. Comment: A slight touching of another to attract his attention is not a battery if done with a reasonable consideration for the personal feelings and dignity of such other. What is such reasonable consideration would depend upon the usages pf the time and place. It is probable that a touching which might in one place be regarded as a battery might not be so regarded in another. Thus if a railway guard in England shook a sleeping passenger to awaken him in order to get his ticket, as is often done by conductors on American railroads, it is probable that he would be guilty of a battery, while an American who objected to such con- duct would be regarded as over-sensitive and undemo- cratic. The touching to be a battery must be intentional. If a third party pushes the defendant against the

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