Savannah morning news. [volume] (Savannah) 1868-1887, 1883-02-08
THE SUPREME COURT.
Decisions Rendered in Cases from the
Eastern Circuit.

provide that guest at an inn must COM
ply with all reasonable rules thereof, and
that the innkeeper may adopt reasonable
regulations for his own protection, the
publication of which to the guests binds
the latter to a compliance Herewith, are
to be construed in connection with section
2l19 in order to determine the mode OF
publication; and so construed, it is neces-
sary to post such regulations. That there
was upon the register on which guest
wrote his name a notice that ''all moneys,
jewels, coats, valiSes and other valuables
must be left at the office, and checks re-
ceived for them, otherwise the proprietor
will not be responsible for any loss, ;" would
not amount to publication, and the regis
ter was not admissible as showing such
publication.
(a). At common law an inn-keeper, like
a carrier. was an insurer of the goods OF
a guest. Under the Code the inn-keeper
is bound to use extraordinary diligence;
he may give notice of reasonable regula-
tiOns; and negligence of the guest him.
self, of which the loss is a consequence,
is allowed as defense. 2 Kents Com.
Is ed.) 772, marg. p. 594; Code SS2l11-
2120.
OBJ. If the register was notice at all, it
could not be reasonably applied to a guest
occupying a room in the house and leaving
therein, on retiring, his clothing, watch,
travelling baggage and. money carried
with him for travelling expenses.
(c). Such entry on the register not be-
ing sufficient to affect the rights or duties
of the guest, was not admissible to show
negligence in him.
2. There being no evidence of notice to
the guest, a charge based on the existence
thereof was without foundation in evil
dence.
8. In the absence of notice of some rea-
sOnable regulation of the inn, there was no
sufficient proof of negligence on the part
of the guest in this case to rebut the pre-
sumption against the landlord.
(a). Had legal notice been published
requiring the deposit of Yaluables, it
would not apply to watch of reasonable
value worn by guest occupying room,
or to a reasonable sum had by him for the
purpose of paying his travelling expenses.
II Md. 434; % Id. 80; Cush. Az; A n.
Y. 172.
(b). In the absence of notice of a rule
of the inn requiring guest occupying
room to lock and bolt the door, failure
to do so does not amount to legal negli-
gence at common law. II. Il y. EXch.
265; Hilton ( n. Y. } "a; 2Sweeny n. Y.
707; 36 Barb. 70-7S.
Judgment reversed.
n. c. Collier, Charlton & Mackall for
plaintiff in error; j. j. Abrams, Garrard
4 Meldrim for defendant.
Evans, administrator, VS.. Sheldon ct al.
Equity from Chatham. Equity. Prac-
tice in Superior Court. Arbitration and
award,
JACKSON, C.. j.
l. AS general rule a complainant has
the right to dismiss his bill at any stage
of the case. provided he does not thereby
prejudice the rights of the defendant, and
a dismissal of the bill carries with it
the entire case, including the answer,
But where the defendant has set up in
his answer equitable claims by way Of
set off or otherwise, the dismissal of the
bill does not interfere with the defendants
right to hearing or trial of such claims.
The complainant may still dismiss his
bill, but he cannot prejudice the rights of
defendant by carrying with the bill so
much of the answer as is in the nature of
a cross bill praying for affirmative relief
against complainant, Code, ss3447, 4190.
SO Ga, 355; 50 ID, 427; SO Id, 800,
(a). In the present case the only right
set up by the defendants concerning which
relief was prayed by them, was as to GER
tain arrears of rent claimed to be due by
complainant to them, and the right to try
this issue could not be prejudiced by the
dismissal of the bill; but the right of dis
missal included all other issues which
were made by the bill and those portions
of the answer which were merely defen-
sive.
3. After complainant had moved to dis
miss his bill, it was error for court to sub
nit TO the jury issues arising under it and
portions of the answer which were purely
defensive.
(a). Especially was this the case
where, the court having held that the
failure of complainant to show a demand
made upon defendant prior to bringing
the case would necessit0te a verdict for
the defendants, and the complainant hav-
ing thereupon moved to dismiss his bill,
the court nevertheless submitted to the
jury issues involved therein.
3. A verdict and decree against the
complainant on the issues thus improper
ly submitted were illegal.
4. A difference between parties was sub
mitted to arbitrator for the purpose of
settling two questions; first, at what rate
Of ground rent certain leases of two lots
should have been renewed at their eXpira-
ton, and second, what amount of ground
rent should be paid up to the day Of the
award. The award was that the leases
should have been renewed at the rate of
two hundred dollars per annum; that on
a specified day the complainant would
''Owe for ground rent of that portion of
lots 81 and ~ in his possession and enjoyed
by said estate the sum of eleven hundred
and sixty dollars, as will more fully APP
pear by reference to statement hereto
appended" that until he should be put
into complete and full possession and en-
jOyment of the whole OF the lots, an abate-
ment of forty dollars per annum should
be allowed upon the yearly rental fund:
Held, that such award was too uncertain
and conditional to be valid, and was prop
erly set aside by the court. Code, 2,SSS.
(a). Arbitration is a matter of consent,
and when an award is set aside for uncer-
tainty, the court cannot force party to
agree to a settlement of the matter in con-
trOversy, nor has he the power, on motion
of one of the parties, and over the Objec-
tions of the other, to recOmmit the case to
the arbitratOrs. Code, s4,243, 63 Ga, 1872.
Judgment reversed.
A, b. Smith, George 4. Mercer, for
plaintiff in error; Lester II Ravenel for
defendants.
Wylly ct al. VS.. Gazan. Complaint, from
City Court of Savannah. Administra-
tors and executors. Evidence. Charge
of court. Vendor and purchaser. Fraud.
Contracts.
HALL, j.