accident

something over which you have no control the cross-examination would have been right now and you would not have had an opportunity to talk to him.

An unforeseen event, occurring without the will or design of the person whose mere act causes it; an unexpected, unusual or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. Burkhard v. Travelers' Ins. Co., 102 Pa. 262, 48 Am. Rep. 205; Ætna In Ins. Co. v. Vandecar, 86 Fed. 282, 30 C. C. A. 48; Carnes v. Iowa Traveling Men's Ass'n, 106 Iowa, 281, 76 N. W. 683, 68 Am. St. Rep. 306; Atlanta Acc. Ass in v. Alexander, 104 Ga. 709, 30 S. E. 939. 42 L. R. A. 188; Crutchfield v. Richmond & D. R. Co., 76 N. C. 320; Dozier v. Fidelity & Casualty Co. (O. C.) 46. Fed. 446, 13 In R. A. il4; Fidelity & Casualty Co. v. Johnson, 72 Miss. 333, 17 South. 2, 30 L. R. A. 206. In its proper use the term excludes negligence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which he was placed. Brown v. Kendall, 6 Cush. (Mass.) 292; United States v. Boyd (C. C.) 45 Fed. 851; Armijo v. Abeytia, 5 N. M. 533, 25 Pan. 777; St Louis, etc., R. Co. v. Barnett, 65 Ark. 255, 45 S. W. 550; Aurora Branch Eh Co., v. Grimes, 13 111. 585. But see Schneider v. Provident L. Ins. Co., 24 Wis. 28, 1 Am. Rep. 157.

In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or misconduct in the party. Fran. Max. 87; Story, Eq. Jut. § 78. The meaning to be attached to the word "accident," in relation to equitable relief, is any unforeseen and undesigned event, productive of disadvantage. Wharton. An accident relievable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over another in a court of law. Code Ga. 1882, § 3112. And see Bostwiek v. Stiles, 35 Conn. 195; Kopper v. Dyer, 59 Vt 477, 9 Atl. 4, 59 Am. Rep. 742; Magann v. Segal, 92 Fed. 252, 34 C. C. A. 323; Bucki, eta, Lumber Co. v. Atlantic Lumber Co.., 116 Fed. 1, 53 C. C. A. 513; Zimmerer v. Fremont Nat. Bank, 59 Neb. 661, 81 N. W. 849; Pickering v. Cassidy, 93 Me. 139, 44 Atl. 683. In maritime law and marine insurance. "Accidents of navigation" or "accidents of the sea" are such as are peculiar to the sea or to usual navigation or the action of the elements, which do not happen by the intervention of man, and are not to be avoided by the exercise of proper prudence, foresight, and skill. The Miletus, 17 Fed. Cas. 288; The G. R. Booth, 171 In S. 450, 19 Sup. Ct 9, 43 L. Ed. 234; The Cariotta, 5 Fed. Cas. 76; Bazin v. Steamship Co., 2 Fed. Cas. 1,097. See also Perils of the Sea.

A casualty; an event that expectation. In equity, any such the result of misconduct or negligence.

An unforeseen event, occurring without the will or design of the person whose mere act causes if; an unexpected, unusval, or undesigned occurrence; the elfect of an unknown cause, or, the cause being Known, an unprecedented consequence of it; a casualty. There is nothing in the definition of the word “aecident” that excludes the negligence proportion of those events which are universally called “accidents” happen through some carelessness of the party injured, which eontributes to produce them. Thus, men are injured by the careless use of fire-urms, of explosive substances, of machinery, the careless management of horses, and in a thousand ways, where if can readily be seen afterwards that a little greater care on their part would have prevented it. Yetsuch injuries, having been unexpected, and not caused intenlionally or by design, are always called “accidents,” and properly so. 24 Wis. 28.

In equity practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or misconduct in the party. Fran. Max. 87; Story, Eq. Jur. § 78. The meaning to be attached to the word “accident,” in relation to equitable relief, is any unforeseen and undesigned event, productive of disadvantage. Wharton. An accident relievable in equity is such an occurrence, not the resnit of negligence or misconduct of the party seeking relief in re. lation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undueadvantage Lo one of them over another in # court of law. Code Ga. 1882, § 3112. Accipere quid ut justitiam facias, non est tam aecipere quam extorquere. To accept anything as a reward for doing justice is rather extorting than accepting. Lofft, 72.

[L. Lat. accidens, from accidere, to fall, to happen.] A casualty; an act of providence; an event that takes place without one's foresight or expectation. See Inevitable accident, Act of God, Casualty.

In equity. Any such unforeseen event, misfortune, loss, act or omission, as is not the result of any negligence or misconduct. 1 Story's Eq. Jurispr. § 78.

practice. This; Milf. Pl. Index, h. t.; 1 Madd. Ch. term in chancery practice, signifies ‘Pr. 23; 10 Mod. R. 1, 3; 3 Chit. such unforeseen events, misfortunes, Bl. Com. 426, n. losses, acts or omissions, as are not ACCOMENDA, mar. law. - In the result of any negligence or mis- Italy is a contract which takes place conduct in the party. Francis’s when an individual entrusts_per- Max. M. 120, p. 87; 1 Story on sonal property with the master of a Eq. § 78. Jeremy defines it as vessel to be sold for their joint used in courts of equity, to be “ an account. In such case two contracts occurrence in relation to a contract, take place, first, the contract called which was not anticipated by the mandatum, by which the owner of parties, when the same was entered the property gives the master power into, and which gives an undue to dispose of it, and the contract of advantage to one of them over the partnership, in virtue of which the other in a court of law.” Jer. on profits are to be divided between Eq. 358. This definition is object- them. One party runs the risk of ed to, because as accidents may losing his capital, the other his arise in relation to other things labour. If the sale produces no profits which are to be divided. Emer. on Mar. Loans, s. 5.