AC'CIDENT (Lat.. ad. to + cadere, to fall, happen, occur). In the law of torts, a trans action in which one is harmed by another while the latter is acting lawfully and in the exercise of due care adapted to the exigency of the case. For example, A's and B's dogs are lighting; A heats them in order to separate them, and, as he raises his cane, unintentionally and without negligence hits 13, win) is standing behind him. B has no cause of action against A, as the injury was accidental. This is now the undisputed law both in England and in the United States, although formerly there was much apparent authority in England for A's liability in such a ease. See the authorities referred to under the title TORT.
In equity accident denotes an unforeseen event, loss, set, or omission, not the result of negli gence or misbehavior in any of the parties; such as the loss of negotiable or other papers; or where some part of a document has been omitted, in which case the court can require its insertion.
In penalties and forfeitures, where the injury caused by omission of duty can be reasonably compensated, as in case of failure to pay rent on a given day, the court may relieve the offend ing party against the penalty of forfeiture. Where there has been neglect or omission through want of information or through negli gence to defend a suit, the court may permit the proper steps to he taken. But as a rule, a court of equity will interfere only in favor of persons paying a consideration; so if a seal should he omitted from a conveyance made without con sideration, or a clause should be left out of a will, no relief would be extended. It is also ruled that no relief will be granted against a purchaser who has acquired legal rights in good faith for a consideration of value. Consult; Bisp ham, Principles of Equity Jurisprudence. See TORT; CRIME; ACCIDENT INSURANCE; CONTRACT.