Legal Case Brief
Cole v Turner [1704] 6 Mod Rep 149
The relevance of the mental element in the tort of Battery
Facts
The case concerned an action brought before the court for trespass and battery. The Claimants were a husband and wife, both of who had allegedly suffered battery by the Defendant.
Issues
The issue in this case was the connection between anger and the tort of batter. The question was whether any touching could amount to battery or whether there had to be an element of aggression involved.
Decision/Outcome
It was held that anger was a relevant element to the tort of battery and that accidental touching would not amount to battery. At the same time even a light touch could be converted to battery through the existence of anger.
“the least touching of another in anger is a battery. If two or more meet in a narrow passage, and without any violence or design of harm, the one touches the other gently, it is no battery. If any of them use violence against the other, to force his way in a rude inordinate manner, it is a battery; or any struggle about the passage, to that degree as may do hurt, is a battery.”
– (Holt CJ)
Updated 19 March 2026
This case brief remains accurate. Cole v Turner (1704) continues to be cited as a foundational authority for the tort of battery in English law, establishing that the least touching in anger constitutes battery while incidental contact in a narrow passage does not. The principles stated by Holt CJ have been affirmed and built upon in subsequent case law, notably in Collins v Wilcock [1984] 1 WLR 1172 and Wilson v Pringle [1987] QB 237, where the Court of Appeal further examined the ‘hostile touching’ question. It is worth noting that Wilson v Pringle introduced a ‘hostility’ requirement that was later questioned by the House of Lords in Re F (Mental Patient: Sterilisation) [1990] 2 AC 1, where Lord Goff preferred to express the requirement in terms of whether the touching was ‘generally acceptable in the ordinary conduct of daily life’ rather than strictly requiring hostility or anger. Students should therefore read Cole v Turner alongside these later authorities to gain a full picture of how the mental element in battery has developed. The citation given in the article (6 Mod Rep 149) is the standard reported citation and is unaffected by any subsequent change.
