The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-08-23 00:00:00

Someratsbire.

LO9B OF BANE NOTDI AT AN Horat...—At Bristol
assizes, before Mr. Justice 'Milos, in the ease of
Ferrell v. the Grand Pump R3OBl Hotel Company,
Bath, Mr. Cole, Q.C., and Mr. Hellen were counsel for
the plaintiff; and Mr. Lopes. Q.C., and Mr. Burch for
the defendants. The plaintiff is • batting commission
agent, residing at Brixton. and he brought the action
to recover the sum of L'253 10,1., under thu following
circumstances :—On the 24th of May the plaintiff Game
to the Bath races, having with him the sum in question
and *worst shooks. He h.d put the money in • note-
case, and that notecase be had placed in a pocket in
the inner part of his waistcoat: He was to have •
double-bedded room with a friend (Mr. Forester).
About one o'clock in the morning they went to their
bedroom, adjoining which was • dresaing.room. There
was uo leek or filtening to the door, which led from
the dressing-room into the passage. The plaintiff bung
his coat on the bedpost, and over that he placed his
waistcoat. Before getting into bed one of them turned
the key of the lock, but it turned out that the lock was
defective, and did not ask Upon getting up the next
morning the waistcoat was missing, and, of course, the
pocketbook. The police were sent for, and every
search was made, but in vain, It then appeared there
WU a person named Harley in the house, and be had
been seen walking about the passages et night. This
created some suspicion, and he was taken before the
magistrate, but reused to state who he was or to give
any account of himself. He was remanded twice, and
was detained 14 days. The magistrate thought there
was not sufficient evidence to justify • committal, and
he was discharged and had never since been heard of.
The defendant. had paid LW into court under • recent
statute ; but then the plaintiff showed that shortly
before the races the head of the Bath police bad called
upon the manager of the hotel, and cautioned him
about the looks on his bedroom doors. Upon this it
was urged that there bad been erush negligence as to
justify tke prcsent action. During the time Harley
was under remand the waistcoat was found in &cupboard
at the end of one of the passages of the hotel: The
puree was there, but the cash had been abstracted,
although the checks remained. For the defendant* it
was admitted that the money was lost in the hotel, but
it was urged that there was no neglect on the part of
the manager of the hotel. The legislature, in 186.3,
pared an Ad stating that an innkeeper should be liable
to the extent of £iO. The innkeeper was bound to
keep a copy of the first portion cf the Ad posted up
In the hall of the hotel. In the present ease there
were two copies posted in the hall of the Grand Pump
Room Hotel, The plaintiff ought to have deposited
his money with the innkeeper. It was then urged that
the plaiutiff had been guilty of neglect. The jury
found a verdict for ': 2 plaintiff for EM 10s. The
learned Judge refuo .1 to stay execution. On the
following day, Mr. Lopes, Q.C., as counsel for the de-
fendants, applied to his Lordship to stay execution, on
the ground that this was the first case under the new
statute, and he thought it hrery desirable that the con-
struction of the *Pante should be argued in the Court
above, viz., whether an omission amounted to negligence
within the moaning of the statute. It was a very
serious matter for all innkeepers in the kingdom, and
it was important that the judgment of the Court should
be reported. The money should be pail into court.
Mr. Jostles Willie said he should have an opportunity
of consulting Mr. Justice Keating and Mr. Justice Smith
during the next fortnight, and if they thought the
question should be argued he would intimate their view
to the offieer of the Court, and if necessary, execution
should be stayed.