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Weaver v. Ward

King’s Bench
80 Eng. Rep. 284 (1616)


 

Facts

Weaver (plaintiff) and Ward (defendant) were both trained soldiers in the Lords of the Council in London. The two were participating in a military training exercise with their guns, and Ward’s gun accidentally discharged and wounded Weaver. Weaver brought an action for trespass by assault and battery against Ward. The jury awarded damages for Weaver, and Ward appealed.

Rule of Law

Issue

Holding and Reasoning

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Questions & Answers


Where does the court put the burden of proof? On the defendant to show lack of fault?

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