Accident

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.