Weaver v. Ward
King's Bench - 1616
- P and D were engaged in military exercises together.
- D accidentally shot and wounded P.
- P brought and action of trespass for assault and battery against D.
- P won on demurrer in lower court.
- King's bench reversed, found for D.
- Is a D liable for any or all actions that directly cause an injury to another party if the injury was caused completely without D's fault?
- A D is liable for any and all actions causing injury unless the injury was caused utterly without his fault.
- For actions in trespass, the D does not have to have intent to be guilty and is liable unless the injury was caused without his doing.
- P ran in front of D's gun as he was firing it, should not be liable.
- If someone took D's hand and used it to strike someone, he should not be liable.
- This case shows the loosening of the earlier strict liability standard in cases of trespass. D had the burden of proof in these early cases.