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State Rubbish Collectors Associations v. Siliznoff

State Rubbish Collectors Associations v. Siliznoff -...

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State Rubbish Collectors Association v. Siliznoff 38 Cal. 2d 330 (1952) Fact: Operative Facts: Siliznoff and Kobzeff ran a rubbish collection business. The owner of a brewery did not like his previous collector so he hired Kobzeff, who then gave it to his son-in- law. The Rubbish Association had a policy that, whenever one member takes over the job of another member, they would pay for it, for about 5 to 10 times the amount of a month. Kobzeff explained to the association that Siliznoff was not part of the association so did not have to pay a fee. Siliznoff claimed that the association then threatened to take away the job even if they had to do it for free. After he agreed to join the association, and pay Abramoff, he defaulted from the notes, and the association president along with the inspector, Andikian, confronted Siliznoff and Kobzeff. The inspector stated that, if he doesn’t go to the board meeting and work out an
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Unformatted text preview: arrangement, that he would beat him up, or hire someone to beat him up. The mental stress made the defendant ill and vomited several times and had to remain away from work for a period of several days. Issue: Whether there was assault. Rule: Assault, there must be a intent to place another in imminent apprehension of physical harm or an imminent apprehension of offensive conduct. Rational: Although the courts do not consider interference with mental tranquility as a part of apprehension of physical harm, or offensive conduct, they do take into account a negligent interference with physical well-being. If one does an action that can reasonable foresee that the mental distress caused by them could cause such harm, they could be liable for assault. Holding: Synthesis: Dissent/Concurrences:...
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