Legal Opinion

Merritt v. Claghorn

Supreme Court of Vermont

Decided May 15, 1851PublishedCited by 10 opinions

Trespass on tiie case. The plaintiff declared against the defendant, as follows:— For that whereas, by the law and custom of this state, innkeepers, who keep common inns for the reception, lodging, and entertainment of travellers and guests putting up at and abiding in the same, are bound to keep the goods and chattels, brought by such travellers into and being within their respective inns, safely and without any diminution or loss; and whereas the said defendant, before and…

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Trespass on tiie case. The plaintiff declared against the defendant, as follows:— For that whereas, by the law and custom of this state, innkeepers, who keep common inns for the reception, lodging, and entertainment of travellers and guests putting up at and abiding in the same, are bound to keep the goods and chattels, brought by such travellers into and being within their respective inns, safely and without any diminution or loss; and whereas the said defendant, before and at the time of the loss hereinafter next mentioned, was and from thence hitherto hath been and still is an innkeeper,…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is an action against the defendant, as a common innkeeper, for the loss of the plaintiff’s team, while a guest at the defendant’s house, by the burning of his barn, supposed to be the work of an incendiary.

The case finds, that the plaintiff’s loss was, without “ any negligence, in point of fact, in the defendant, or his servants.” From this we are to understand, that no degree of diligence, on his part, could have prevented the loss. If, then, the defendant is liable, it must be for a loss happening by a cause beyond his control. In…

2Cases cited1 opinion

  1. Piper v. MannyNew York Supreme Court · 1839

3Cited by10 opinions

  1. Hulett v. . SwiftNew York Court of Appeals · 1865
  2. McDaniels v. RobinsonSupreme Court of Vermont · 1854
  3. Ingalsbee v. WoodNew York Supreme Court · 1862
  4. Briggs v. ToddAppellate Terms of the Supreme Court of New York · 1899
  5. Johnson v. Chadbourn Finance Co.Supreme Court of Minnesota · 1903

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