"Littleton, J. to the same intent, and if a man is damaged he ought to be recompensed.... If your cattle come on my land and eat my grass, notwithstanding you come freshly and drive them out, you ought to make amends for what your cattle have done, be it more or less.... And, sir, if this should be law that he might enter and take the thorns, for the same reason, if he cut a large tree, he might come with his wagons and horses to carry the trees off, which is not reason, for perhaps he has corn or other crops growing, &c., and no more here, for the law is all one in great things and small.... Choke, C. J. to the same intent, for when the principal thing was not lawful, that which depends upon it was not lawful; for when he cut the thorns and they fell on my land, [87] this falling was not lawful, and therefore his coming to take them out was not lawful. As to what was said about their falling in ipso invito, that is no plea, but he ought to show that he could not do it in any other way, or that he did all that was in his power to keep them out." Forty years later, /1/ the Year Books report Rede, J. as adopting the argument of Fairfax in the last case. In trespass, he says, "the intent cannot be construed; but in felony it shall be. As when a man shoots at butts and kills a man, it is not felony et il ser come n'avoit l'entent de luy tuer; and so of a tiler on a house who with a stone kills a man unwittingly, it is not felony. /2/ But when a man shoots at the butts and wounds a man, though it is against his will, he shall be called a trespasser against his intent." There is a series of later shooting cases, Weaver v. Ward, /3/ Dickenson v. Watson, /4/ and Underwood v. Hewson, /5/ followed by the Court of Appeals of New York in Castle v. Duryee, /6/ in which defences to the effect that the damage was done accidentally and by misfortune, and against the will of the defendant, were held insufficient. In the reign of Queen Elizabeth it was held that where a man with a gun at the door of his house shot at a fowl, and thereby set fire to his own house and to the house of his neighbor, he was liable in an action on the case generally, the declaration not being on the custom of the realm, [88] "viz. for negligently keeping his fire." "For the injury is the same, although this mischance was not by a common negligence, but by misadventure." /1/