ACCIDENT (Lat, accidere,—ad, to, and cadere, to fall). An event which, under the circumstances, is unusual and unexpected by the person to whom it happens.
The happening of an 'event without the concurrence of the will of the person by whose agency it was caused; or the happening of an event without any human agency. The burning of a house in consequence of a fire made for the ordinary purpose of cooking or warming the house is an accident of the first kind; the burning of the same house by light ning would be an accident of the second kind. 1 Fonblanque, Eq. 374, 375, n.
In Equity Practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or misconduct in theparty. Francis, Max. 87; Story, Eq. Jur. '78.
An occurrence in relation to a contract which was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over the other in a court of law. Jeremy, Eq. 358. This definition is objected to, because, as acci dents may arise in relation to other things besides contracts, it is inaccurate in confining accidents to contracts : besides, it does not exclude cases of unanticipated occurrences resulting from the negligence or misconduct of the party seeking relief. See also 1 Spence, Eq. Jur. 628. In many instances it closely resembles MISTAKE, which see.
2. In general, courts of equity will relieve a party who cannot obtain justice in consequence of an accident which will justify the inter position of a court of equity.
The jurisdiction which equity exerts in case of accident is mainly of two sorts: over bonds with penalties to prevent a forfeiture where the failure is the result of accident, 2 Freem. Ch. 128 ; 1 Spence, Eq. Jur. 629 ; 25 Ala. N. s. 452; 9 Ark. 533; 4 Paige, Ch. N. Y. 148; 4 Munf. Va. 68 ; as sickness, 1 Root, Conn. 298, 310, or where the bond has been lost, 5 Ired. Eq. No. C. 331. And, second, where a negotiable instrument has been lost, in which case no action lay at law, but where equity will allow the one entitled to recover upon giving proper indemnity. 4 Term, 170; 1 Ves. Ch. 338; 5 id. 288; 16 id. 430; 4 Price, Exch. 176.
3. The ground of equitable interference where a party has been defeated in a suit at law to which he might have made a good de fence had he discovered the facts in season, may be referred also to this head, 2 Rich. Eq. So. C. 63 ; 3 Ga. 226; 7 Humphr. Tenn. 130; 18 Miss. 502; 6 How. 114. See 4 Ired. Eq. No. C. 178; but in such case there must have been no negligence on the part of the defend ant. 18 Mise. 103 ; 7 Humphr. Tenn. 130; 1 M err. Iowa, 150 ; 7 B. Monr. Ky. 120. See