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Western Union Telegraph Co. v. Hill, 25 Ala.App. 540, 150 So. 709

Facts

The case arose when J. B. Hill's wife reported a malfunctioning clock to Sapp, the manager of the Western Union office in Huntsville, Alabama. When she arrived at the office to inquire about the repair, Sapp, who had been drinking, made inappropriate advances towards her, suggesting that if she came behind the counter, he would fix her clock. Although Sapp reached towards her, he did not physically touch her. The surrounding circumstances and Sapp's behavior led to the question of whether his actions constituted an assault and whether the company could be held liable.

Sapp had had two or three drinks and was “still slightly feeling the effects of whisky; I felt all right; I felt good and amiable.”

Issue

Was there an actionable assault committed by Sapp, and is the Western Union Telegraph Company liable under the doctrine of respondeat superior?

The first question that addresses itself to us is, Was there such an assault as will justify an action for damages?

Rule

An assault is defined as an unlawful attempt to commit a battery, which creates a well-founded fear of imminent battery in the victim. Liability under respondeat superior applies when an employee's actions are within the scope of their employment and related to the business of the employer.

While every battery includes an assault, an assault does not necessarily require a battery to complete it.

Analysis

The court analyzed whether Sapp's actions constituted an assault and if they were connected to his employment. It concluded that while Sapp's behavior could be interpreted as an assault, it was motivated by personal desires rather than business interests. The court emphasized that the assault was not related to the duties Sapp was employed to perform, thus removing the company's liability under the doctrine of respondeat superior.

But the assault in this case, if committed, was clearly from a motive or purpose solely and alone to satisfy the sensuous desires of Sapp, and not in furtherance of the business of defendant.

Conclusion

The court reversed the trial court's judgment in favor of Hill, ruling that Sapp's actions were personal and not within the scope of his employment, leading to the conclusion that the Western Union Telegraph Company was not liable.

The rulings of the trial court with reference to this question were erroneous.

Who won?

Western Union Telegraph Company prevailed in the case because the court found that Sapp's actions were personal and not related to his employment, thus negating the company's liability.

The defendant was entitled to the general charge, and for the error in refusing this charge as requested the judgment is reversed and the cause is remanded.

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