WEAVER V. WARD
King's Bench, Hobart 134, 80 Eng. Rep. 284 (1616).
NATURE OF THE CASE: This was an action for trespass of assault and battery.
FACTS: Ward (D) and Weaver (P) were in a military exercise, skirmishing with their
muskets. D's musket accidentally discharged, injuring P. D argued that the accidental nature
of his action should be a defense. P demurrered and judgment was given to him; under
trespass no man shall be excused for a trespass committed by him except and unless the
trespass may be judged to be of utterly no fault of the actor if the circumstances appear
that the injury were inevitable and the defendant had committed no negligence to result in
the damage.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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