The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-11-26
THE SUPERIOR COURT
Judge Lichtenberg's First Writ
ten Opinion.
LIABILITIES OF inn-kEEPsRs
Eob white Wants Hss Fan Reduced
Several Tmporsanf Suits Filed
with Clerk Holmes-

q holiday last week, is COW kept bnSy-
Judge Lichrenherg had business before him
al day yesterday and has 3 full calendar
for to-day He is arranging the docket for
the PROMPT dispatch Of business and ex-
Tectz 10 De employed from this On. The
cases brought up yesterday we're OF no spec
izl importance and no final conclusion was
reached in any of them
LIABILITY OF As Ixx-KExfER
A decision in the case OF Andersen
against Peters was given by Judge Lichten-
berg in the morning. The case had been
handed mp from Justice MIlIer's court, and
tried in the superior court last week. The
canAe Is one wherein the plaintiff. Andrew
Anderson. gave $50 TO defendant Peters,
proprietor of the Wisconsin house, for
temporary keeping. The hotel safe ~as
broken into and the money stolen. The
defendant refused 10 reimburse the plain
tiff. who brought suit for the recovery OF
his money. This decision is the first one
rendered by Judge Lichtenberg. The
opinion is very complete, recsting findings
of fact at length and in detail. and contain
ing numerous citations in support OF the
conclusions OF Inv. The legal opinion of
the court in the matter, without the eta
tions, is given snbjoined. as deciding q
question Of great interest to lodginghOuse
and hotelkeepers. II is as follows
CONCLUSIONS OF LAW.
]. That the plaintiff. Anderson. when be a.
rived Ct the Wisconsin house on March 2. 1852,
and during the time he there remained, was q
traveller; that his domieile was 81 sDoqualmie.
2 That the Wisconsin house during said
period was an inn. and the defendant. n, P. Pet
ers, al inn-keeper.
3. That the plaintiff, A. Anderson, was q
guest Of said inn, and during his stay therein
was received and entertained a. such guest By
the defendant
4 That TIA defendant Peters, as inn-keeper,
was insurer OF the said $50, and liable for the
same TO plaintiff
The authorities are not In accord in the last
conclusion. There are three distinct lines-one
following the common Law rule. the second ad-
iunctory to the said rule or exception If the loss
IS s.oeeaSioned by inevitable accident. external
force or robbery" and the third. dlseharging the
inn.keepeF from his principal liability BY
sparing mo negligence or default on his part "
The frst or common law rule which we have
adopted in the absence Of statutory proyi0ns is
supported by the weight of American author
titles.
II being clear that the defendant is liza BILE nm
der the facts and Law a. above set forth there Is
no necessity 10 rule upon the other branch, To-
wit: The negligence of the defendant, though
we have f0und the facts bearing ON that prepo-
sition, so that the parties may have the benefit
OF the same. We have also fonnd and stated the
facts more At length than was absolutely neces-
Eary, and. though the amount involved is small,
stili the principal and question involved may
be important. as was stated on argument, 20
many In our community.
Therefore ler judgment De entered in favor Of
the plalafia. Andrew Anderson. In the sum OF
$50 and ali costs
HABKAs coRFUs FOR BOB wHITE.
A writ Of habeas corpus was applied for
by Bob White, who Is held In the county
jail. having been bound over TO await the
action OF the grand jury, in the sum OF
$1,000. ION the charge Of assault with 3 deadly
weapon upon the Clancy brothers and Jim
McCann. at the race-track last April The
petition seVs forth that White is uniawfGIiy
retained. and that the bonds are excessive.
It prays that the amount OF bonds may be
set at sum low enough 10 insure his re-
lease. The writ was made retn1nable at
O'Clock today.
NEW SUITS FILED.
Suit was brought by G. X. Breeze and
Thomas Loughran, sagainst q. w. Cove
and I. q. Wilson for the recovery of s. GOA,
due on promissory note mote made and
delivered September Is, 1883 Judgment
is asked in the above amount, with interest
and cost of suit
In the case Of W. j. Kinnear, against II /.
j. Hansen, the plaintiff alleges that there
is due him from the defendant s206.65 for
labor performed and for assignments of
certain debts to him by parties to whom
the defendant was indebted. Judgfaent Is
asked in the above sum.
The case of John 3. Baird against James
f. Richardson, was tried before Justice
Rivers yesterday. Suit was brought for
the recovery Of SIS alleged to have been
due the plaintiff from the defendant, for
the value OF a mare. which, ii is further al
legged. was nniawfuliy retained By defend
ant. the animal having been given TO his
temporary keeping. Judgment was rem
dered for the plaintiff in the above sum.
Granville o. Halter has brought suit
against S. S. Bum, for the unlawful entry
and injury 10 bis premises. an eighth sec
ton in township 3, range 5 east, King
county. The plaintiff alleges that he came
into possession of the property April IA,
iSSd. and kept il until April ., lsss. NJ
which time the defendant ousted him un-
lawfully. and has since remained in pos
session. Damages are asked in the sum oil
S2,oeo, and judgment for recovery of prem
iSes