Weaver v. Ward

King’s Bench, 1616

Facts:

• 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)

Issue:

Is Ward guilty of a trespass against Weaver? Whether a person can be excused of trespass (direct injury) if his action s judged unintentional.

Holding:

Ward is not guilty of a trespass against Weaver.

Rule:

A man can only be excused of a trespass if his action is judged to be unintentional.

Reasoning:

Ward’s injury of Weaver was inevitable and not the product of Ward’s negligence, therefore, the trespass is excusable.

New Information:

The burden of proof lies on the defendant to prove that his actions were free from fault.

First case of “friendly fire.”