Crutchfield v. . R. D. R. R. Co.

1st An accident is "an event from an unknown cause," or `an unusual and unexpected event from a known cause," "chance, casualty." As if a railroad bed be in good order and the engine and cars be in good order, and the engineer and other attendants be skilful and careful; and yet a rail breaks, the train is crushed and the employees and passengers are killed; that is an unusual and unexpected event from a known cause, an accident.

But if the track be out of order and the engine worn and unmanageable and on account thereof there be the like result as above stated on the good road, that is not an…