Markham v. Brown
Superior Court of New Hampshire
Tkespass, for breaking and entering the plaintiff ⅛ house, in Hanover, being a common inn, and making a noise and disturbance therein, and assaulting and beating the plaintiff at sundry times between the first of July, 1835, and the date of the writ, which was October 8, 1835. Plea, the general issue, with a brief statement that the defendant was the driver of a stage coach, and entered the plaintiff’s house to enquire for passengers, and that the force, if any, was the…
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Tkespass, for breaking and entering the plaintiff ⅛ house, in Hanover, being a common inn, and making a noise and disturbance therein, and assaulting and beating the plaintiff at sundry times between the first of July, 1835, and the date of the writ, which was October 8, 1835. Plea, the general issue, with a brief statement that the defendant was the driver of a stage coach, and entered the plaintiff’s house to enquire for passengers, and that the force, if any, was the plaintiff’s own assault. On trial, it appeared that the plaintiff kept an inn at Hanover, to which stage coaches brought…
1Opinion of the CourtParker, J.
An innkeeper holds out his house as a public place to which travellers may resort, and of course surrenders some of the rights which he would otherwise have over it. Holding it out as a place of accommodation for travellers, he cannot prohibit persons who come under that character, in a proper manner, and at suitable times, from entering, so long as he has the means of accommodation for them.
But he is not obliged to make his house a common receptacle for all comers, whatever may be their character or condition. He is not obliged to receive one who is not able to pay for his entertainment, (3…
2Cases cited1 opinion
- Adams v. FreemanNew York Supreme Court · 1815
3Cited by2 opinions
- Bennett v. DuttonSuperior Court of New Hampshire · 1839
- People v. FaulknerDistrict Court, Virgin Islands · 1929