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Ward (D) and Weaver (P) were in a military exercise, skirmishing with their muskets. D's musket accidentally discharged, injuring P. D argued that the accidental nature of his action should be a defense. P demurred, and judgment was given to him; under trespass no man shall be excused for a trespass committed by him except and unless the trespass may be judged to be of utterly no fault of the actor if the circumstances appear that the injury were inevitable and the defendant had committed no negligence to result in the damage.

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