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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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