INEVITABLE ACCIDENT. A term used in the civil law, nearly synonymous with fortuitous event. Neal v. Saunderson, 2 Smedes & M. (Miss.) 572, 41 Am. Dec. 609.
Any accident which cannot be foreseen and prevented. Though used as synonymous with act of God (q. v.), it would seem to have a wifitr meaning, the act of God being any cause which operates without aid or inter ference from man ; 4 Dougl. 287, 290, per Lord Mansfield ; McArthur v. Sears, 21 Wend. (N. Y.) 198; Fish 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 Ben nett, notes the distinction just mentioned and considers the phrase inevitable accident one of wider significance. See Hays v. Ken nedy, 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 construed not absolutely but reason ably with regard to the circumstances of each particular case, and where having refer ence 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.) 560, 17 Wall. 862; 2 E. L. & E. 559. 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 endeavor ed, 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 de fault 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 Belle view, 30 Wis. 257 ; where a horse, being sud denly frightened by a passing vehicle, be came unmanageable and injured the plain tiff'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 the fall ing of the tide caused a vessel to strand, as this could have been foreseen; Bohannan V. Hammond, 42 Cal. 227. A bailee is exempt from liability for loss of the consigned goods arising from inevitable accident ; he may, however, enlarge hls liability by contract; Sturm v. Boker, 150 U. S. 312, 14 Sup. Ct. 99, 37 L. Ed. 1093. See ACT 01P GOD.