Weaver v. Ward
King’s Bench, 1616.
Prosser, p. 5
Facts: Weaver and Ward were soldiers involved in an exercise.
Ward shot his musket and hurt Weaver. Weaver is suing for trespass of
assault and battery.
Issue: Can a plaintiff collect damages if a defendant hurt
him or her by accident?
Rule: As long as you were hurt or experienced a loss, you
can collect on a trespass action, except if the defendant is found to be
utterly without fault. The defendant has the burden to prove that
he or she wasn’t at fault, for example, that the accident was inevitable.
(I don’t know how this comes out of the ruling, but it’s in the notes.)
Analysis: The court makes the distinction between whether an act is a crime (felony) and whether it can be considered trespass. The court also gets into some kind of distinction between excuse and justification that I don’t understand at all.
Conclusion: The defendant was found to be liable.