Sim. & S.......... Simons & Stuart's Eng-Tayl. Priv. Corp.... Taylor on Private Corpolish Vice Chancery Reports. Smedes & M........ Smedes & Marshall (Miss.) Smedes & M. Ch... Smedes & Marshall's Chancery (Miss.) E. D. Smith (N. Y.) Smith (Ind.) Smith (N. Y.) P. F. Smith (Pa.) . Smith on Contracts. Cas.. Smith's Leading Cases. Sneed (Tenn.) Southern Reporter. Southard (N. J.) Tayl. St...... T. B. Mon... ....... Tenn. Cas. Tenn. Ch...... Term R. Smith, E. D...... Smith (Ind.). Smith (N. H.) Smith (N. Y.) Smith, P. F.. Smith, Cont. Smith's Lead. Tex. Sneed Tex. App. South. Tex. Civ. App.. Southard Tex. Cr. R... Speers Speers' Law (S. C.) Tex. Supp.. Speers, Eq. Spencer Spencer (N. J.) Sp. Laws. Special Laws. Sprague (U. S.) State, Statutes, Statutes Standard Dictionary. Starr & C. Ann. St.. Starr and Curtis' Annotat ed Statutes, Illinois. .....Stephen's Commentaries on ..... Stew. (N. J.) . Stewart (Ala.) ..... Stewart (N. J.) ... ..... ....... Story, Comm. Story, Bills Story, Const. Story, Cont. ..... ...... Stewart & Porter (Ala.) . Stiles (Iowa) Stockton's Equity (N. J.) Story (U. S.) Story on Bailment. Story on Bills. Story's Commentaries. .Story on the United States ....Story on Contracts. Story, Eq. Jur. ....Story on Equity Jurispru-U. S. Comp. St..... dence. Story, Eq. Pl....... Story on Equity Pleadings. Turner (Ark.) Turner and Russell's Eng lish Chancery Reports. Tyler (Vt.) U United States. United States Appeals. Story, Prom. Notes. Story on Promissory Notes. U. S. Law Mag.... United States Law Maga Casual poor "are such poor persons as are suddenly taken sick or meet with some accident when from home, and are thus providentialy thrown upon the charities of those among whom they may happen to be. When in such cases parish officers or others afford relief, they have no remedy over for the money expended, not even against the parish where the person relieved was regu Law (2 Har.) 385, 405. CASUALTY. "Casual" means that which happens by larly chargeable." Force v. Haines, 17 N. J. accident, or is brought about by an unknown cause, and, as used in the Constitution, forbidding any county to incur a debt without first submitting the matter to a popular vote, "except for a temporary loan or loans to supply casual deficiencies of revenue," means some unforeseen and unexpected deficiency, and does not include a debt incurred for the building of a courthouse. Lewis v. Lofley, 19 S. E. 57, 59, 92 Ga. 804. See "Inevitable Casualty"; "Unavoidable Casualty." Other casualty, see "Other." "Casualty," like its synonyms "accident" and "misfortune," may proceed or result from negligence or other cause known or unknown. McCarty v. New York & E. R. Co., 30 Pa. (6 Casey) 247, 251. A casual deficiency of a state's revenue is one that happens by chance or accident, and without any design or intention to evade the constitutional inhibition of such state An "accident" or "casualty," according against increasing the authorized expendi- to the common understanding, proceeds from tures of such state above a certain amount. an unknown cause, or is the unusual effect In re Appropriations by General Assembly, 22 Pac. 464, 467, 13 Colo. 316. CASUAL EJECTOR. The term "casual ejector" was used in the common-law action of ejectment to designate the person against whom the action was usually brought, who had no interest in the suit, but whose duty it was to give notice to the actual possessor, who on application to the court would be substituted as defendant on confessing the lease, entry, and ouster alleged by plaintiff, thus leaving the 2 WDs. & P.-1 of a known cause. Either may be said to occur by chance or unexpectedly. Chicago, St. L. & N. O. R. Co. v. Pullman Southern Car Co., 11 Sup. Ct. 490, 493, 139 U. S. 79, 35 L. Ed. 97. "Casualty," as used in Code, § 3154, authorizing the granting of a new trial for unavoidable casualty or misfortune, preventing the party from prosecuting or defending. is an inevitable accident-an event not to be foreseen or guarded against. Ennis V. Fourth St. Bldg. Ass'n of Clinton, 71 N. W. 426, 102 Iowa, 520. 1003 "Casualty" means accident; that which if the premises be damaged or destroyed by comes by chance, or without design, or with- the bursting of a boiler, or by explosion from out being a foreseen contingency; and where any cause, the policy should be void the the client was prevented by the dishonesty instant the casualty by explosion occurred, of his attorney from hearing and defending the word "casualty" did not mean fire, but an action, so that judgment was rendered referred to the damage or destruction of the against him by default, it was such a casual- insured premises, and not to a fire caused ty as entitled him to have the judgment set thereby. Waldeck v. Springfield Fire & Maaside. Anthony v. Karbach, 90 N. W. 243, rine Ins. Co., 14 N. W. 1, 2, 56 Wis. 96. 244, 64 Neb. 509. The word "casualty" as used in a statute providing that whenever a debtor shall cease to reside on his homestead it shall be liable for his debts, unless his removal be temporary by reason of some "casualty," refers to accident, as fire, flood, or social or family disaster or misfortune causing temporary absence. Thompson v. Tillotson, 56 Miss. 36, 38. Deterioration in the value of land caused by the usual overflow of the Mississippi river is not a deterioration by any "casualty," within Ann. Code Miss. 1892, § 3799, authorizing a reduction of an assessment for taxation for such cause. Forsdick v. Quitman County Sup'rs, 25 South. 294. Act Cong. May 28, 1880, c. 108, § 17, provides for an allowance for the loss of dis tilled spirits deposited in a bonded warehouse, not to exceed a fixed amount for given periods. Section 4, Act May 28, 1880, c. 108 [U. S. Comp. St. 1901, p. 2133], provides that when it shall appear that there has been a loss of such spirits, other than that provided for by Rev. St. U. S. § 3221, as amended [U. S. Comp. St. 1901, p. 2087], which in the opinion of the commissioner of internal revenue is excessive, he may require the collector to instruct the withdrawal of such spirits, and to collect the tax accrued on the quantity originally deposited in the warehouse, though the time specified in the bond given for the withdrawal of the spirits has not expired. Rev. St. § 3221, provides for the abatement of the tax accruing on distilled spirits actually destroyed “by accidental fire or other casualty" while the same were in a bonded warehouse. Held, that the term "casualty," as used in this section, does not include the warping of barrels from unusual and excessive summer heat, abnormal evaporation caused by such heat, or the existence of undiscovered wormholes in the barrels; and, where a loss has occurred from these causes which the commissioner regards as excessive, he may order the withdrawal of the balance and payment of the tax on the whole, as provided by the act of May 28, 1880. Crystal Springs Distillery Co. v. Cox (U. S.) 47 Fed. 693, 695. Injury. Result of lawful act. "Casualty," as used in a lease providing that rent shall cease if the premises become untenantable by fire or through casualty, means some fortuitous interruption of the use, and does not include an interruption of possession which takes place in pursuance of established law, as where a portion of the premises are torn down for the purpose of widening a street. Mills v. Baehr's Ex'rs (N. Y.) 24 Wend. 254, 255. The necessity for additional light, caused by the subsequent construction of elevated railroads, and the additional expense of gas and electric lights, caused by a combination of the gas and electric light companies, do not constitute accidents or casualties, so as to authorize a further appropriation under Rev. St. c. 24, § 90, providing that the expenditures of a city cannot lawfully exceed the amount provided for in the annual appropriation bill, unless an improvement is necessitated by an accident or casualty happening after such annual appropriation is made. City of Chicago v. Nichols, 52 N. E. 359, 360, 177 Ill. 97. CASUALTY INSURANCE. "The distinguishing feature of what is known in our legislation as 'accident insurance' is that it indemnifies against the effects of accidents resulting in bodily injury or death. Its field is not to insure against loss or damage to property generally, although occasioned by accidents. So far as that class of insurance has been developed, it has been with reference to boilers, plate glass, and perhaps domestic animals, and injuries to property by street cars, and is known as 'casualty insurance.'' Employers' Liability Assur. Corp. v. Merrill, 29 N. E. 529, 530, 155 Mass. 404. "" "Casualty insurance" has a well-defined meaning as insurance against loss through accidents or casualties resulting in bodily injury or death. As applied to injuries resulting in death, casualty insurance is really but a contract of life insurance limited to specified risks. State v. Federal Investment Co., 48 Minn. 110, 111, 50 N. W. 1028. As used in a policy of insurance pro- CASUS FORTUITUS. viding that a company should not be liable for any loss occurring by the bursting of a boiler or by explosion from any cause, and The term "casus fortuitus" means a loss happening in spite of all human effort and |