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Zabriskie (N. J.)

COD

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JUDICIAL AND STATUTORY DEFINITIONS

OF

WORDS AND PHRASES.

VOLUME 2.

CASUAL

only fact to be proved by plaintiff the title

of his lessor. French v. Robb, 51 Atl. 509, "Casual" means that which happens by 510, 67 N. J. Law, 260, 57 L. R. A. 956, 91 accident, or is brought about by an unknown Am. St. Rep. 433.

Lewis v. Lofley, 19 S. E. 57, 59, 92 Ga. 804.

CASUAL POOR.

cause.

CASUAL CONDITION.

Casual poor "are such poor persons as

are suddenly taken sick or meet with some A casual condition is that which de accident when from home, and are thus pends on chance, and is in no way in the providentialy thrown upon the charities of power either of the creditor or of the debtor. those among whom they may happen to be. Civ. Code La. 1900, art. 2023.

When in such cases parish officers or others

afford relief, they have no remedy over for CASUAL DEFICIENOY.

the money expended, not even against the "Casual” means that which happens by larly chargeable.” Force v. Haines, 17 N. J.

parish where the person relieved was regucident, or is brought about by an

unknown cause, and, as used in the Constitution,

Law (2 Har.) 385, 405. forbidding any county to incur a debt without irst submitting the matter to a popular CASUALTY. rote, “except for a temporary loan or loans to supply casual deficiencies of revenue,"

See "Inevitable Casualty"; "Unavoida

ble Casualty." means some unforeseen and unexpected de

Other casualty, see "Other.” ficiency, and does not include a debt incurred for the building of a courthouse. Lewis

“Casualty,” like its synonyms “acci. v. Lofley, 19 S. E. 57, 59, 92 Ga. 804.

dent" and "misfortune,” may proceed or reA casual deficiency of a state's revenue sult from negligence or other cause known is one that happens by chance or accident, or unknown. McCarty v. New York & E. and without any design or intention to evade R. Co., 30 Pa. (6 Casey) 247, 251. 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, of a known cause. Either may be said to 22 Pac. 464, 467, 13 Colo. 316.

occur by chance or unexpectedly. Chicago,

St. L. & N. 0. R. Co. v. Pullman Southern CASUAL EJECTOR.

Car Co., 11 Sup. Ct. 490, 493, 139 U. S. 79,

35 L. Ed. 97. The term "casual ejector" was used in the common-law action of ejectment to des- "Casualty," as used in Code, § 3154, ignate the person against whom the action authorizing the granting of a new trial for was usually brought, who had no interest in unavoidable casualty or misfortune, preventthe suit, but whose duty it was to give no- ing the party from prosecuting or defending. tice to the actual possessor, who on applica- is an inevitable accident-an event not to be tion to the court would be substituted as de- foreseen or guarded against. Ennis v. fendant on confessing the lease, entry, and Fourth St. Bldg. Ass'n of Clinton, 71 N. W. ouster alleged by plaintiff, thus leaving the 426, 102 Iowa, 520. 2 l'os. & P.--)

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.

Result of lawful act. The word "casualty" as used in a statute providing that whenever a debtor shall

"Casualty," as used in a lease providing cease to reside on his homestead it shall be that rent shall cease if the premises become liable for his debts, unless his removal be untenantable by fire or through casualty, temporary by reason of some "casualty,” means some fortuitous interruption of the refers to accident, as fire, flood, or social or use, and does not include an interruption of family disaster or misfortune causing tem- | possession which takes place in pursuance of porary absence. Thompson v. Tillotson, 56 established law, as where a portion of the Miss. 36, 38.

premises are torn down for the purpose of

widening a street. Mills V. Baehr's Ex'rs Deterioration in the value of land caus- (N. Y.) 24 Wend. 254, 255. ed by the usual overflow of the Mississippi river is not a deterioration by any “casualty,"

The necessity for additional light, caused within Ann. Code Miss. 1892, & 3799, author- by the subsequent construction of elevated izing a reduction of an assessment for taxa- railroads, and the additional expense of gas tion for such cause. Forsdick V. Quitman

and electric lights, caused by a combinaCounty Sup’rs, 25 South. 294.

tion of the gas and electric light companies,

do not constitute accidents or casualties, so Act Cong. May 28, 1880, C. 108, § 17, as to authorize a further appropriation unprovides for an allowance for the loss of dis: der Rev. St. C. 24, § 90, providing that the tilled spirits deposited in a bonded ware- expenditures of a city cannot lawfully exceed house, not to exceed a fixed amount for giv- the amount provided for in the annual apen periods. Section 4, Act May 28, 1880, propriation bill, unless an improvement is c. 108 [U. S. Comp. St. 1901, p. 2133], pro- necessitated by an accident or casualty bapvides that when it shall appear that there pening after such annual appropriation is has been a loss of such spirits, other than made. City of Chicago v. Nichols, 52 N. E. that provided for by Rev. St. U. S. & 3221, as 359, 360, 177 III. 97. amended (U. S. Comp. St. 1901, p. 2087], which in the opinion of the commissioner of

CASUALTY INSURANCE. internal revenue is excessive, he may require the collector to instruct the withdrawal “The distinguishing feature of what is of such spirits, and to collect the tax accrued known in our legislation as 'accident insuron the quantity originally deposited in the ance' is that it indemnifies against the efwarehouse, though the time specified in the fects of accidents resulting in bodily injury bond given for the withdrawal of the spirits or death. Its field is not to insure against has not expired. Rev. St. § 3221, provides loss or damage to property generally, alfor the abatement of the tax accruing on dis- though occasioned by accidents. So far as tilled spirits actually destroyed "by accidental that class of insurance has been developed, fire or other casualty" while the same were it has been with reference to boilers, plate in a bonded warehouse. Held, that the glass, and perhaps domestic animals, and term "casualty," as used in this section, injuries to property by street cars, and is does not include the warping of barrels from known as 'casualty insurance.'” Employers unusual and excessive summer heat, ab- Liability Assur. Corp. v. Merrill, 29 N. E. normal evaporation caused by such heat, 529, 530, 155 Mass. 404. or the existence of undiscovered wormholes in the barrels; and, where a loss has occur

"Casualty insurance” has a well-defined red from these causes which the commis- meaning as insurance against loss through sioner regards as excessive, he may order the accidents or casualties resulting in bodily withdrawal of the balance and payment of injury or death. As applied to injuries rethe tax on the whole, as provided by the act sulting in death, casualty insurance is really of May 28, 1880. Crystal Springs Distillery but a contract of life insurance limited to Co. v. Cox (U. S.) 47 Fed. 693, 695.

specified risks. State v. Federal Investment

Co., 48 Minn. 110, 111, 50 N. W. 1028. Injury.

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 The term "casus fortuitus" means a loss boiler or by explosion from any cause, and happening in spite of all human effort and

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