WEAVER v. WARD King's Bench, Hobart 134, 80 Eng. Rep. 284 (1616). CASE BRIEF

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:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment