acciden

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.