
    HURST against CARLISLE.
    For battery, wounding or mayhem, or for an attempt to bommit any of them; die injured party may have'a remedy to recover damages; by action of trespass.
    Error to the Common Pleas of Erie county.
    This was an action of trespass by David Carlisle against Thos'i Hurst and others, to recover damages for an assault and for a battery committed upon bim. The court (Shippen, president,) was of opinion that the plaintiff was entitled to recover, and the -jury found accordingly.
    
      Riddle and Babbitt for plaintiff in error,
    Contended that the gist of the action of trespass was fo'i the ajiplication of force; if there be an injury to the feelings or sensibilities of the party, the damages ate consequentiál; and can only bé remedied by an action on the case.
    
      Galbreath for defendant in error;
    An assault béing an immediate violation of a personal fight, thé only remedy to redress the wrong is by trespass. Bul. N P. 15; 'Cro. Jas. 151.
   The opinion of the eourt was delivered by

Rogers, J.

This is a ease as plain on authority; as it is reasonable and just. For battery, wounding or mayhem, or for an attempt to commit any of these, (which in law is termed an assault,\ the injured party may have a remedy in damages, by action of trespass. Arch. 25. Even for a threat, or menace, to commit any of these injuries. Rey. 104. 2. Rol. 545, Nos. 25, 41, or to pull a man’s house down. Rey. 108, or the like. If any injury arise W the party from such threat or menace, the remedy, it seems, is also by action of trespass. Vide. Com. Dig. Battery D. and the authorities there cited;

Judgment affirmed;  