The form of action alleged a trespass upon person or property vi et armis, Latin for "by force and arms."
"[2] In Taylor v. Rainbow, the defendant negligently discharged a firearm in a public place and caused the loss of the plaintiff's leg.
[2] Thus, proof that the act or omission was unintended was no defense to an action of trespass vi et armis and the liable party would pay for all consequent damages.
Recovery for damages for a trespass vi et armis were limited only to the direct consequences of the act or omission causing the injury.
[4] The ancient courts at common law developed trespass upon the case as an alternative pleading to causes of action which arose neither from force nor weapons.