ACCIDENT

An unforeseen event, occurring without the will or design of the person whose mere act causes it; an unexpected, unusual, or undesigned occurrence; the effect of an unknown cause, or, the cause being known, an unprecedented consequence of it; a casualty. Burj!;.hard v. Travelers' Ins. Co., 102 Pa. 262, 48 Am. Rep. 205; lEtna L. Ins. Co. v. Vandecar, 86 Fed. 282, 30 C. C. 'A. 48; Carnes v. Iowa Traveling Men's A 'n, 106 Iowa, 281, 76 N. W. 683, 68 Am. St. Rep. 306; Atlanta Acc. A 'n v. Alexander, 104 Ga. 709, 30 S. E. 939, 42 L. R. A. 188; Crutch field v. Richmond & D. R. Co., 76 N. C. 320; Dozier v. Fidelity & Casualty Co. (C. C.) 46 Fed. 446, 13 L. R. A. 114; Fidelity & Casualty Co. v. Johnson, 72 Mi . 333, 17 South. 2, 30 L. R. A. 206. In its pro i;ier use the term excludes negligence; that 1s, an accident is an event which occurs without the fault, carele ne , or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care nece ary to the exigency and in the circumstances in which he was placed. Brown v. Kendall, 6 Cush. (Ma .) 292; United States v. Boyd (C. C.) 45 Fed. 851; Armijo v. Abeytia, 5 N. M. 533, 25 Pac. 777; St. Louis, etc., R. Co. v. Barnett, 65 Ark. 255, 45 S. W. 550; Aurora Branch R. 0-0. v. Grimes, 13 Ill. 585. But see Schneider v. Provident L Ins. Co., 24 Wis. 28, 1 Am. Rep. 157. In equity practice, Such an unforeseen • event, misforthne, lo , act, or omi ion as is not the result of any negligence · or misconduct in the party. Fran. Max. 87; Story, Eq. Jur. § 78. The meaning to be attached to the word "accident," in relation to equitable relief, is any unforeseen and undesigned event, productive of disadvantage. Wb.art on. An accident relievable in equity is such an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over another in a court of law. Code Ga. 1882, § 3112. And see Bostwick v. Stiles, 35 Conn. 195; Kopper v. Dyer, 59 Vt. 477, 9 Atl 4, 59 Am. Rep. 742; Magann SEA. [s. 21]