Misadventure

An accident by which an injury occurs to another. When applied to homicide, misadventure is the act of a man who, in the performance of a lawful act, without any intention to do harm, and after using proper precaudeath ensues must he neith^ malwm in se nor malum prohibitum. The usual examples under this head are: (1) When the death ensues from innocent recreations; (2) from moderate and lawful correction in foro domestico; (3) from acts lawful and indifferent in themselves, done with proper and ordinary caution. 4 Bl. Comm. 182; 1 East, P. C. 221. See "Homicide;" "Manslaughter."

An accident by which an injury occurs to another. When applied to homicide, misadventure is the act of a man who, in the performance of a lawful act, without any intention to do harm, and after using proper precaution to prevent danger, unfortunately kills another person. The act upon which the death ensues must be neither malum in se nor malum prohibitum. The usual examples under this head are: 1, when the death ensues from Innocent recreations; 2, from moderate and lawful correction in fo^o domes Uoo; 3, from acts lawful and indifferent in themselves, done with proper and ordinary caution; 4 Bla. Com. 182; 1 East, PI. Cr. 221. It happens in consequence of a lawful act; involuntary manslaughter, in consequence of an unlawful act; Johnson v. State, 94 Ala. 41, 10 South. 667. See Homicide; Manslaughteb; Cobbeo-

Mischance Miscontinuance. An continuance.

A mischance or accident; a casualty caused by the act of one person and inflicting injury upon another. Homicide “by misadventure” is wherea man, doing a lawful act, without any intention of hurt, unfortunately kills another. 4 Bi. Comin. 182.

An accident, usually resulting in the death of a person, where a lawful act is being done. Homicide by misadventure is where a man, doing a lawful act without any intention of hurt, vmf ortunately kills another.'

t. Mesaveniure.

Is the killing a man, partly by negligence and partly by chance. Britton distinguishes between adventure and misadventure. The first he makes to be mere chance, as if a man, being upon or near the water, be taken with some sudden sickness, and so fall in, and is drowned; or into the fire, and is burnt. Misadventure, he says, is where a person comes to his death by some outward violence, as the fall of a tree, the running of a cart-wheel, stroke of a horse, or such like. Staundford construes misadventure more largely than Britton understands it, and says it is where one, thinking no harm, carelessly throws a stone, wherewith he kills another, &c. West defines misadventure to be when a man is slain by mere fortune, against the mind of the killer; and he calls it homicide by chance mixed when the killer's ignorance or negligence is joined with the chance. Jacob. Misadventure is an unfortunate mischance arising out of a lawful act. It is a word generally used with reference to accidental homicide. (4 Bl. Com. 182, 183; 4 Steph. Com. 52.) A different definition is given in the Termes de la Ley and Cowel, whereby it would appear that misadventure is equivalent to homicide partly by negligence and partly by chance. This is equivalent to homicide by negligence simply; for negligence implies the absence of intention, and chance implies no more. Mozley & W.