ACCIDEN

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ACCIDENT. 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
  being made for the ordinary purpose of cooking or warming the house, which
  is an accident of the first kind; the burning of the same house by lightning
  would have been an accident of the second kind. 1 Fonb. Eq. 374, 5, note.


       2. It frequently happens that a lessee covenants to repair, in which
  case he is bound to do so, although the premises be burned down without his
  fault. 1 Hill. Ab. c. 15, s. 76.  But if a penalty be annexed to the
  covenant, inevitable accident will excuse the former, though not the latter.
  1 Dyer, 33, a.  Neither the landlord nor the tenant is bound to rebuild a
  house burned down, unless it has been so expressly agreed. Amb. 619; 1 T. R.
  708; 4 Paige, R. 355; 6 Mass. R. 67; 4 M'Cord, R. 431; 3 Kent, Com. 373.
       3. In New Jersey, by statute, no action lies against any person on the
  ground that a fire began in a house or room occupied by him, if accidental.
  But this does not affect any covenant. 1 N. J. Rev. C. 216.