Weaver v. Ward
King’s Bench, 1616
- Both Weaver and Ward were soldiers in London
- In a skirmish against another company, the defendant (Ward) accidentally and against his will injured the plaintiff (Weaver)
Is Ward guilty of a trespass against Weaver? Whether a person can be excused of trespass (direct injury) if his action s judged unintentional.
Ward is not guilty of a trespass against Weaver.
A man can only be excused of a trespass if his action is judged to be unintentional.
Ward’s injury of Weaver was inevitable and not the product of Ward’s negligence, therefore, the trespass is excusable.
The burden of proof lies on the defendant to prove that his actions were free from fault.
First case of “friendly fire.”