What rule did Cole v. Turner set for battery?

It set the simple rule: the least touching of another in anger is a battery. Gentle, non-violent contact in a tight space is not battery.

Does every touch amount to battery?

No. Touching becomes battery when done in anger or with violent, forceful, or rude intent. Courteous or accidental touch is not battery.

Why is Cole v. Turner taught first in battery?

Because it gives a crisp working rule students can apply quickly on exams: anger + touching = battery; gentle, necessary touching ≠ battery.

Is intent required for battery under this rule?

Yes, the decision links battery to intentional, unreasonable, or violent contact. Without such intent or violence, there is no battery.

How does the case handle everyday crowding?

If people pass gently in a narrow way without design to harm, it is not battery. Forceful shoving to push through is battery.

cole-v-turner-battery

Cole v. Turner (Battery in Tort)

Tort Law 6 Mod. 149 1704 (rule), Published: 30 Oct 2025 Gulzar Hashmi India (study reference) ~4 min read

PRIMARY_KEYWORDS: battery, trespass to person, anger SECONDARY_KEYWORDS: gentle touch, narrow passage, intention

Quick Summary

This case gives a bright-line test for battery in tort law. It says: “the least touching of another in anger is a battery.” In simple words, even a small touch becomes battery if it is done angrily or in a forceful, rude way. But gentle contact in a tight space, with no plan to harm, is not battery.

Citation: Cole v. Turner, 6 Mod. 149

Issues

Does any type of touching result in battery?
What is the connection between anger and battery?

Rules

The least touching of another in anger is a battery.

If people meet in a narrow passage and one touches the other gently, without violence or design to harm, it is not battery.

Using violence to force a way through in a rude, inordinate manner is battery.

Facts (Timeline)

Timeline visual for Cole v. Turner facts

The dispute involved a married couple.

The court had to clarify when touching becomes battery.

Arguments

Appellant

Touching in anger shows an unlawful invasion of personal space.
Forceful, rude pushing should count as battery even if harm is minor.

Respondent

Everyday contact in crowds should not be treated as battery.
Gentle, necessary contact without design to harm must be excused.

Judgment

The court linked battery with anger and unreasonable force. Intentional, violent, or rude contact amounts to battery. Courteous, accidental, or necessary touching in tight spaces does not.

“The least touching of another in anger is a battery.”

Ratio

Battery requires intentional contact carrying the quality of anger or violence. The wrong lies in the hostile nature of the contact, not its size or impact. Minimal force is enough if used rudely or to dominate.

Why It Matters

Gives a fast, exam-ready test for battery.
Separates everyday social contact from legally wrongful touching.
Guides police, courts, and students on intent and manner of touch.

Key Takeaways

Angry touch = battery.
Gentle, necessary touch ≠ battery.
Rude, forceful pushing in a passage = battery.
Focus on manner and intent, not the size of the touch.

Mnemonic + 3-Step Hook

Mnemonic: “ANGRY TAP = BATTERY”

Angry touch? → Battery.
Gentle, necessary touch? → Not battery.
Push through rudely? → Battery.

IRAC Outline

Issue

Does any touch count as battery, and how does anger change the answer?

Rule

The least touching in anger is battery; gentle, necessary contact in a narrow passage is not.

Application

Look at the manner: Was it hostile, forceful, or rude? If yes, battery. If courteous or accidental, not battery.

Conclusion

Battery turns on intent and anger, not the size of the touch.

Glossary

Battery: Intentional and wrongful physical contact with another person.
Trespass to Person: Direct interference with a person’s body, such as assault or battery.
Design to Harm: A plan or intention to injure or offend through contact.