Oliver Wendell Holmes, Jr.

“ Accident is said to be one of the oldest heads of equity jurisdiction and a learned authority says its first and principal requisite is that, by an event not expected nor one party has without fault and undesignedly undergone some legal loss while another party has acquired a legal right, which it is contrary to good conscience for him to retain and enforce. ”

“ The requisites and consequences are in this case, and exhibit the relative situations and rights of Levinson and Johnson. Levinson has acquired a right to which Johnson was entitled and which Johnson lost by an accident to which he was not a contributor. The law in its sufficiency and prudence meets such contingent happening and gives a remedy to prevent or redress its injury. That Levinson was given a bill of sale is not a serious deterrent. As the bill of sale could have been refused it can be disregarded as an element of decision. ”