Accessory

!! 1.

Accompanying; incidental; subservient; appurtenant: as, an accessory contract or obligation, gg. v. 2. "Whatever is connected as an incident or subordinate thing to another as the principal.

See Accession.

3.

An accessary, q. v. Accessorial. Going with some other as the chief or more important thing: as, an offense of an accessorial nature,* an accessorial service.

5 ACCrDENT.

See Accideeb. An event or occurrence which happens unexpectedly, from the uncontrollable operations of nature alone, and without human agency; or an event resulting undesignedly and unexpectedly from human agency alone, or from the joint operation of both.^ An event from an unknown cause, or an unusual and unexpected event from a known cause; chance, casualty.' In equity, includes not only inevitable casualties and such as are caused by the act of God, but also those that arise from unforeseen occurrences, misfortunes, losses, and acts or omissions of other persons, without the fault, negligence, or misconduct of the party.

8 See Mistake; Relief, 3. 1 See 8 Bl. Com. 11, 36, 176; Broom, Max. 497. ' See 3 Inst. 139; 4 Bl. Com. 36; Broom, Max. 497. 3 Ac-ces'-sory, — "Webster. 4 18 Wheat. 476; 1 Greenl.

Ev. § 294. ■ 6 2 F. E. 478. « Morris v. Piatt, 38 Conn. 85 (1864;, Butler, J. ' Crutohfield v. Richmond, &c. R. Co., 76 N. C. 322 Avoidable, unavoidable, and inevitable accident. Accidents are: (1) Such as are " inevitable" or absolutely unavoidable, because effected or influenced by the uncontrollable operations of nature. (3) Such as result from human agency alone, but are " unavoidable " under the circumstances. (3) Such as are " avoidable," because, in a given case, the act was not called for by any duty or necessity, and the injury resulted from the -want of that extraordinary care which the law reasonably requires of one doing such a lawful act, or because the accident was the result of actual negligence or folly, and might, with reasonable care adapted to the emergency, have been avoided. " Unavoidable accident " does not mean an accident which it is physically impossible in the nature of the things to prevent; but an accident not occasioned in any degi'ee, remotely or directly, by the want of such care or skill as the law holds every man bound to exercise. 1 No one is responsible for that which is merely the act of God or *' inevitable accident." But when human agency is combined with it and neglect occurs in the employment of such agency, a. Uability for <lamages results from the neglect.' In maritime law, " inevitable accident " is a relative term, to be construed not absolutely, but reasonably with regard to the circumstances of each case. In that light it signifies an occui Tence which the party charged with the collision could not possibly prevent by the exercise of ordinary care, caution, and maritime skill; as, a collision resulting from the darkness of the night.' "Unavoidable accidents or dangers," in a bill of lading, mean such accidents as are unavoidable by the carrier. To avail himself of such as an exception to his liability he must prove their existence, and clearly show that there was no default on his part.* Where a collision occurs exclusively from natural causes, the loss must rest where it falls, on the principle that no one is responsible for such an accident.... It is only where a disaster happens from natural causes, and without negligence or fault on either 1 Story, Eq. S TO; Bisp. Eq. § 174; Pom. Eq. § 823; 17 F. R. 616. " [Dygert v. Bradley, 8 Wend. 473 (1832). 2C!hidester v. Consolidated Ditch Co., 59 Cal. 202 (1881), cases. • The Morning Light, 2 Wall. 660-61 (1864), cases, aifford, J. side, that "inevitable accident" as a defense can be admitted — a collision which occurs where both parties have endeavored, by every means in their power, with due care and caution, and a proper display of nautical sldll, to prevent the occinrence of the accident." " Inevitable accident," within the meaning of the maritime law, is where a vessel is pursuing a lawful avocation in a lawful manner, using proper precaution against danger, and an accident occurs. ^ When a casualty occurs, which might have been prevented by the use of known and proper means, it is not " inevitable." » See further Act, Of God; CoL-