Sample Case Brief Weaver v. Ward, 80 Eng. Rep. 284 (K.B. 1616)

Facts: Weaver (P) and Ward (D) were soldiers. In the course of military exercise, D's musket accidentally discharged, wounding P. P brought an action in trespass for damages for the injury.

Issue: To recover for assault and battery, must a plaintiff show intent or fault on the part of a defendant?

Rule: No. In an action for trespass, damages are awarded for hurt or loss, not as punishment for De's felonious mind.

Analysis: Even though D claims the injury was an accident, he may be held liable. D would not be liable if he had been utterly without fault. For the D to be held responsible for injury to the person, there must be fault on his part; i.e., wrongful intent or negligence.

Conclusion: Judgment for Plaintiff

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Walkovszky v. Carlton - 18 N.Y.2d 414, 276 N.Y.S.2d 585, 223 N.E.2d 6 (1966)