SamOF

Restatement (Second) of Torts s. 21 is the closest there is to a general legal definition—and the new draft Restatement's s. 105 gives the same definition. Neither has any element of actual physical attempt—the definition of assault is putting someone else in fear of the physical contact.

I really think you're confusing assault with attempted battery, or whatever state you practice in has an odd definition.

beachfan

Always Flyin

I would commend to you criminal citations rather than civil, i.e., torts.

See e.g., California: https://www.justia.com/criminal/docs/calcrim/800/915/

SamOF

Why would you "commend" me thusly? When something bad happens to me on a plane, a criminal charge is mostly out of my hands. All I can pursue personally are civil remedies.

And if what you've been arguing all along is the definition of criminal assault, you should have said that.

SamOF

And while California is a great state, there's a reason no one gets to waive into the California bar—its laws tend to differ significantly from other states. I just googled three large states, none of which require an actual physical attempt to have committed a criminal assault:

IL: 720Â ILCSÂ 5/Â Criminal Code of 2012.

PA: Chapter 27. - Title 18 - CRIMES AND OFFENSES

TX: https://codes.findlaw.com/tx/penal-c...ect-22-01.html

For the record, I'm not trying to derail the thread—I think assault law is actually quite important to regulating behavior in public, and particularly when we're trapped in small spaces with strangers. I have no idea if what happened in this case was in fact assault. But doing something to cause the person sitting next to you on a plane—who likely cannot leave the space for hours—to feel that s/he is in danger of physical harm is a uniquely crappy thing to do. Folks who cannot manage their anger, whether or not they take a swing at their neighbor, are a problem.

JDiver

Enough of the legal discussion, please. There certainly must be fora where legal minds can gather and discuss legal theory, English Common Law as it applies in the USA, Supreme Court decisions, differing laws in different states - and that certainly is NOT FlyerTalk.

Thank you.

Moderator

brewdog11

We were seated next to each other.

flyupfrnt

Having read this thread in its entirety. Wow. Just wow. Window shades, reading lights and conversations on flights after Dark. All personal preferences and none prohibited. The Pilot was a Knucklhead for handling things unprofessionally. The rest is ymmv.

Dr. HFH

One should always be respectful and consider other people in public situations. But that doesn't mean that one must always defer. I face this a lot on the question of the window shades. I nearly always sit at window seats because, among other reasons, I want to be the one who decides when my shade is up or down. Yes, with new equipment, this can be controlled centrally. But once the cabin crew does its thing, if I want my shades up, I put them back up. Being able to control when my environment is light and dark helps me reduce the effect of jetlag; nearly all of my flights are east/west long hauls. And as I age, jetlag is having more of an effect, making this all the more important to me.

s0ssos

Yes. But equally preposterous is you saying you have the ability to exert your rights over other people at all times and all costs.

One time I was on the bus in China, middle of the afternoon, not even close to evening, everybody else was sleeping but my friend and I were speaking softly. Guy in front turns around and yells, can you shut up? Then we were shocked, and stopped talking.
Was it our right? Yes. Was it polite? Apparently not, as it was disturbing him.

Anyway, he apologized later by buying us some oranges at the rest stop.

beachfan

CloudCoder

I often travel with noise-cancelling headphones, plugged in to a classical music channel, at low volume. It seems to me that whenever FAs make an announcement, it's always at MAXIMUM volume (no matter what volume setting you have chosen). So, let's make a deal. The very minute that FA announcements (about credit cards, beverage carts, etc.) cease, that's exactly when I might start giving a flip about maintaining total silence so as NOT to disturb the little darlings in the same cabin who might be sleeping.

Always Flyin

Charming.

The problem with a polite society is that it so often ends at the point where it interferes with what one self-centered person wants to do.

gernabae

Does FT have a Razzie award? Because this one takes the cake. I'm in the "WOW" category, this thread has brought out the worst in folks.

No one should be acting in such a vulgar/threatening manner to someone else for having a conversation on a red-eye/late mid-con/early transcon/long mid-haul/mid long-haul/commercial space flight.

george 3

In any disagreement that is being retold, there are three versions - Party A, Party B and the truth. I did not suggest anything specific that may have been stretched although you imply I did.