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The following argument was stated: When a party erects a building, and when the timber is being lifted a piece falls upon the house of my neighbor and bruises his house, he will have a cause of action even though the erection of the house was lawful and the timber fell without any intent. Similarly, if a man raises a stick to defend himself and injures a man in the act of raising the stick to defend, there would be an action even though the act of defense was lawful and the injury to the third part was without intent.

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