Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-21
EcteI Law il New YORK.

A decision recently rendered in the courts
of New York city is Of interest to persons
patronzng hotels and restaurants in that
city, as almost everybody has occasion to do
at SOME time in lis life. \ gentleman want
ing a Iacal entered 4 restaurant, removed
his overcast and hung il on a hook, provided
for that purpose by the proprietor Of the
place. When the guest had supplied his
wants and was about TO depart, he discover
ed that his ovcrcoat had been stolen, and, the
restaurant keeper refusing to make the loss
good. brought suit torccOver It's value. The
defendant denied any responsibility in the
matter, first because he was not engaged in
keeping hotel, and second, because the
guest had not delivered the overcoat into his
custody. The court, however, ncld that
the restaurant keeper was precludcd from
denying that he kept a hotel, for the reason
that in taking out a license TO sell liquor, hc
had made an affidavit that his place ,caS 4
hotel. Under the New York excise law, rs
most of our readers are aware, only hotel
keepers are permitted to sell liquors on sun
day consequently every liquor saloon, beer
garden, and restaurant licensed to sell liquor,
is registered as 4 hotel.
The peculiar circumstances arising in New
York city do not exist everywhere, but the
principle that hotel keeper is responsible
for the absolute security Of his guests prop
crty is universally recognized. 1t is cmbod-
led in tic common law, AMI such modlica-
lions rs have been made, are mostly in the
direction of defining clearly the duty Of the
hotel keeper, and in aiding him to perform
il fully and effectively. Some Of these
changes we find summarized in the Am0i-
can. Laws have been enacted permitting the
hotel keeper TO provide 4 safe place OF de
post for the valuablcs Of his guests, and TO
require the guests To make such deposit.
The laws do not relieve him Of the Obligation
of guarding the property of his patrons, but
permit him 10 select the most desirable
method Of doing SO. But TO avail himself of
the special privileges afforded by the statute
law, the hotel keeper must comply strictly
with all Of its provisions, the neglect of any
one removing lis case from under the opera
ton of the statutes and subjccting Lim 10
the old common law liability, In some
States, as in New York particularly, the hotel
keeper is bound to post 4 notice in some con
spicuous place in the room Of each guest, az
nouncing that Il safe has been provided for
the dcpositing Of jcwclry, money and other
valuablcs and thrl Unless the guest de
posts such property with the proprietor, he
will not bc responsible for its loss
If such notice is not displayed as
directed, the guest is at liberty to disregard
any other notice which he may obtain, and
hold his host responsible as under the Com
mon Law The statutes regulating the du-
ties and liabilities Of hotel keepers are com
paralively of recent date, and numbcricss
law suits have arisen under them. One point
which has been very much mooted relates TO
the duty OF guest TO deposit everything Of
value with the hotel keeper. The point has
been raised that when the proprietor has
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his clothes stolen, the court held that il
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