accident



accident defined in 1939 year

accident - Accident;
accident - In English law there is no definition of an accident. Apart from the Workmen's Compensation Act of 1925 the word is generally used in actions for negligence, where the defendant can succeed if he proves that the injury was caused by inevitable accident; that is, by something which was neither his fault nor the plaintiff's, but a state of things no reasonable man could foresee or avoid. In connexion with Workmen's Compensation claims the decisions remained very unsatisfactory until 1903, when the case of Fenton v. Thorley & Co. was decided. The Court of Appeal had held that accident involved the idea of something fortuitous and unexpected, and therefore something like a fall or blow that was unexpected was essential to constitute an accident. If a man took a risk, and the chance went against him, and he was hurt, it was no accident; nor was it an accident if he were injured by the wilful or negligent act of another.

In the House of Lords this decision of the Court of Appeal was reversed, and Lord Macnaghten in his judgement defined what it is that constitutes the essentials of an accident. " The expression is used in the popular and ordinary sense of the word as denoting an unlooked-for mishap or untoward event which is not expected or designed." Thus, if one is run over in the street by a car, it is an accident (as it would be in popular language), although the driver drove negligently, or even ran one down on purpose. In Nesbet v. Rayne and Burn, 1910, it was held that the death of a workman who was intentionally shot with a view to robbery was caused by an accident. It is now settled that injury by accident means any injury not expected or designed by the workman, whether it was brought about by the wrongful act of another person, or not. Disease may, therefore, be an injury by accident.

The National Insurance (Industrial Injuries) Act, 1946, removed the whole question of workmen's compensation from the courts, and transferred it to the ministry of National Insurance.

accident defined in 1939 year

accident - Accident;
accident - In logic, a non-essential quality of a person or thing. Ink, whether black or red, is still ink; a man, virtuous or vicious, is a man. Blackness, redness, virtue, vice, are accidents.

near accident in Knolik


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