inevitable accident

the result of inevitable accident, or a vis major, which human skill and precaution, and a proper display of nautical skill could not have prevented

A term used in the civil law, nearly synonymous with fortuitous event. 10 Miss. 572. Any accident which cannot be foreseen and prevented. Though used as synonymous with "act of God," it would seem to have a wider meaning, including not only accidents resulting from natural forces, but those originating from human agencies. 4 Doug. 287, 290, per Lord Mansfield; 21 Wend. (N. Y.) 198, per Cowen, J.; 3 Blackf. (Ind.) 222; 2 Ga. 349; 10 Miss. 572; 1 Pars. Cont. 635; Whart. Neg. 553. —

A term used in the civil law, nearly synonymous with Any accident whi<ffi cannot be foreseen and prevented. Though used as synonymous with act of Ood (q. v.), it would seem to have a wider meaning, the act of Ood being any cause which operates without aid or interference from man; 4 Dough 287, 290, per Lord Mansfield; Mc Arthur v. Sears, 21 Wend. (N. Y.) 198; Pish v. Chapman, 2 Ga. 349, 46 Am. Dec. 393. ' In Story on Bailments § 489, the two phrases are treated as synonymous, but in a later edition, the editor. Judge Bennett, notes the distinction just mentioned and considers the phrase Inevitable accident one of wider significance. See Hays,v. Kennedy, 41 Pa. 379, 80 Am. Dec. 627, where this and similar expressions are discussed and distinguished; Webb, Poll. Torts 160. Inevitable accident is a relative term and must be constmed not absolutely but reasonably with regard to the circumstances of each particular case, and where having reference to a marine collision, it may be regarded as an occurrence which the party charged with the collision could not possibly prevent by the exercise of ordinary care, caution, and maritime skill; The Morning Light, 2 Wall. (U. S.) 500, 17 Wall. 802; 2 E. L. & E. 5.59. With reference to this subject Chief Justice Drake said that Inevitable accident occurs only when the disaster happens from natural causes, without negligence or fault on either side; and when both parties have endeavored, by every means in their power, with due care and caution, and with a proper display of nautical skill, to prevent the occurrence of the accident; Sampson v. U. S., 12 Ct. Cl. 491; Union S. S. Co..v. Steamship Co., 24 How. (U. S.) 307, 16 L. Ed. 699. Where a rat' made a hole in a box where water was collected in an upper room, so that the water trickled out and flowed on the plaintiff’s goods in a lower room; L. R. 6 Ex. 217; where pipes were laid down with plugs, properly made, to prevent the pipes bursting, and a severe frost prevented the plugs from acting and the pipes burst and flooded the plaintiff’s cellar; 11 Ex. 781; where a horse took fright without any default in the driver or any known propensity in the animal, and the plaintiff was injured; 3 Esp. 533; where a horse, travelling on the highway, became suddenly frightened at the smell of blood; Jackson v. Town of Belleview, 30 Wis. 257; where a horse, being suddenly frightened by a passing vehicle, became unmanageable and injured the plaintiff’s horse; 1 Bingh. 13; where a mill dam, properly built, was swept away by a freshet of unprecedented violence; Livingston v. Adams, 8 Cow. (N. Y.) 175; It was held that no action would lie; otherwise when falling of the tide caused a vessel to strand, aa this could have been foreseen; Bohannan v. Hammond, 42 Cal. 227. A bailee is exempt however, enlarge Ms liability by contract: Sturm V. Bolter, 150 U. S. 312, 14 Sup. Ct 99, 37 L. Ed. 1093. See Act or Gon.

An inevitable accident is one produced by an irresistible physical cause; an accident which cannot be prevented by human skill or foresight, but results from natural causes, such as lightning or storms, perils of the sea, inundations or earthquakes, or sudden death or illness. By irresistible force is meant an interposition of human agency, from its nature and power absolutely uncontrollable. Brousseau v. The Hudson, 11 La. Ann. 428; State v. Lewis, 107 N. C. 967, 12 S. E. 457, 11 L. R. A. 105; Russell v. Fagan. 7 Houst. (Del.) 389, 8 Atl. 258; Hall . Cheney, 36 N. H. 30; Newport News & M. V. Co. v. U. S.. 61 Fed. 488, 9 C. C. A. 579; The R. L. Mabey, 14 Wall. 215, 20 L. Ed. 881; The Locklibo, 3 W. Rob. 318. Inevitable accident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an accident occurs. The highest degree of caution that can be used is not required. It is enough that it is reasonable under the circumstances; such as is. usual in similar cases, and has been found by long experience to be sufficient to answer the end in view,—the safety of life and property. The Grace Girdler, 7 Wall. 196, 19 Lt Ed. 113. Inevitable accident is only when the disaster happens from natural causes, without negligence or fault on either side, and when both parties have endeavored, by every means in their power, with due care and caution, and with a proper display of nautical skill, to prevent the occurrence of the accident. Sampson v. U. S., 12 Ct. Cl. 491.

Defined under Inevitable in Black's Law Dictionary.

An Incannot be prevented by human skill or fore sight, but results from natural causes, such as lightning or storms, perils of the sea, inor illness, By irresistible force is meant aa interposition of human agency, from its nate ure and power absolutely uncontrollable. 12 La. Ann. 427. As used in the civil law, thig term is nearly synonymous with “fortuitous event.” Inevitable accident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an acol dent occurs. The highest degree of caution that can be used is not required. It isenough that it is reasonable under the circumstances; such as is usual in similar cases, and has been found by long experience to be sufficient to auswer the end in view,—the safcty of life and property. 7 Wall. 196. Inevitable accident is only when the disaster happens from natural causes, without negligence or fault on either side, and when both parties have endeavored, by every means in their power, with due care and caution, and with a proper display of nautical skill, te prevent the occurrence of the ae cident, 12 Ct. CL 491,

A term used in the civil law, nearly synonymous with fortuttous event, (q- v-) In the common law commonly called the act of God, (q. v.)