MORGAN v. LOYACOMO - 190 Miss. 656, 1 So. 2d 510 (1941)

Rule:

To constitute an assault and battery, it is not necessary to touch the plaintiff's body or even his clothing; knocking or snatching anything from plaintiff's hand or touching anything connected with his person, when done in a rude or insolent manner, is sufficient.

Facts:

A store manager suspected a customer of shoplifting and followed her outside of the store. About a block away and in the presence of several persons he called to the customer and stated that he was obliged to investigate whether she had taken two articles while paying for only one. He forcibly seized the package from under her arm, opened it, examined and exhibited the contents in the presence of the third persons, and found that he was in error, which he could have easily ascertained by a proper inquiry conducted in a proper manner before the customer left the store. The customer instituted an action against appellants, owners and operators of the retail store, for assault and battery. The trial court ruled in favor of the customer. Appellants challenged the decision. 

Issue:

Under the circumstances, could the appellants be held liable for assault and battery? 

Answer:

Yes.

Conclusion:

The court affirmed the judgment, and held that snatching anything from the customer's hand or touching anything connected with her person, when done in a rude or insolent manner, was sufficient to constitute an assault and battery. The manager's acts were sufficiently within the scope of his duties so as to hold the store owners and operators liable. Lastly, the damage award was not excessive. Although the court did not condone pilfering from retail stores it would not tolerate conduct such as displayed by the manager.