Maltby v. Chapman
Court of Appeals of Maryland
Appeal from tbe Court of Common Pleas of Baltimore city: This was an action of trespass oh the case brought by the appellee against the appellant, on the 4th of January, 1864, to recover the value of a watch, watch-guard and pocketbook, containing ninety dollars in bank notes, stolen on the night of October 21st, 1863, from a room occupied by him as a guest in the Maltby House, a hotel of which the appellant was then proprietor.
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Appeal from tbe Court of Common Pleas of Baltimore city: This was an action of trespass oh the case brought by the appellee against the appellant, on the 4th of January, 1864, to recover the value of a watch, watch-guard and pocketbook, containing ninety dollars in bank notes, stolen on the night of October 21st, 1863, from a room occupied by him as a guest in the Maltby House, a hotel of which the appellant was then proprietor. No question arose at the trial as to the pleadings — all errors of pleading having been waived by agreement. Reception. At the trial of the cause, the…
1Opinion of the CourtCochran, J.
The subject of an inn-keeper’s liability at common law, *316for losses sustained by a guest, was considered in Pettigrew vs. Barnum, 11 Md. Rep., 434, and upon the principles there enunciated, it is very clear that the appellant became liable for the loss complained of, if not protected by the 5th and 6th sections of Art. 70 of the Code. These sections provide a mode by which an inn-keeper, under the circumstances therein mentioned, may protect himself from liability to his guest for losses of money, plate and jewelry, but not for other kinds of property. The evidence here shows that the articles…
2Cases cited2 opinions
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- Gile v. LibbyNew York Supreme Court · 1861
3Cited by4 opinions
- Jones v. Savannah Hotel Co.Supreme Court of Georgia · 1914
- Briggs v. ToddAppellate Terms of the Supreme Court of New York · 1899
- Rains v. Maxwell House Co.Tennessee Supreme Court · 1903
- Roueche v. Hotel Braddock, Inc.Court of Appeals of Maryland · 1933