The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-12
Court OF Common Pleas.


gument at the close of the trial that the plaintiff mgk
% tS os ns vsee Of the s =.
the suficiency of the assignment and waiver Of th9
objection made to certain questions leading. Ths
only point therefore, to be determined is whether The
plaintiff can recover for the money which was lost.
An innkeeper's liability is not limited like that Of
carrier of passengers to the merely OF that species
Of property which comes under the denomination Of ba
gage The carrier OF passengers performs distinct
his baggage The baggage what travellers usually
~ with them or what Is essential necessary to IL
traveller in the of his journey The Of IL y
rage Of the passenger for which the is compea
stated BY the fare or rate agreed upon. But for any
extra compensation it Is not embraced or conpsn-
stated for in the fare paid by the passen GER and hs
has anything with him, not coming under the demo-
minaton OF baggage, Of which the carrier Is not i'd
vsed for of the carriage Of which he receives nothne
II s at the risk OF the passenger and the carrier not
liable in the Of its But the occupation OF tha
innkeeper different He keeps place of
for the reception Of all who travel whether In their
v vrnre OF N which the r%s. carving -
the country the traveller with simply his baggage, ths
passenger journeyDg on foot, equally find accommoAa
tion and where provision IL made not merely for ths
personal entertainment OF the guest but the housnx
and safe keeping of the property he brings with him.
great changes have taken place respect to the nature
Of the accommodation at, rded by inns Anciently ths
inn was kind Of warehouse or hostel in which travail
lers IN ourneying from one part Of the country ts
other for the purposes of trade commerce found Q
temporary accommodation for their merchandise Bat
now that superior facilities exist for the
OF as respects the cost the speed and The
security OF its transport this description Of inn
fallen very much into dsuse, except in sparse
~ settled districts In cities and large towns which
travellers jour- by railroad steamboat IONS or
as they are commonly known in this country, hotela
are simply establishments for the reception Of travellers
accompanied merely with their ordinary baggage The
propretors Of such establishments they make NO pro-
vision Of the kind of accommodation that was aordsA
by the ancient INNS, are under obligation to receive
traveller with merchandise, and may, II they think
proper, refuse TO house take care it, But whatever
may be the nature Of the Inn, the kind of sccomuo-
dalton afforded If the nnkeepcr receives the guest and
his goods, he charges himself with their safe keeping.
The moment the goods mira hospitium, the liabV
OF the nnkeeper attaches and that liability extends -
goods chattes and movab les of any kind description
which the traveller brings With him. (Colyes Casa
Coke 81 Anthon's Law Student, $50 The defendant
therefore, with the safe keeping Forb
portmanteau and all that 1t contained and IL the
defendants liability extended farther than the
Of the luggage of his guests the money lost would
within what is usually known as baggage. Forbes VAST
traveller who had just arrived from Europe having In
bis portmanteau $3.50 N foreign and American gc,A
pieces sum which court or jury could cay more
than necessary for his ordinary travelling expenses
The plaintiff ID entitled to Judgment Of $aS2.