Buddenburg v. Benner
New York Court of Common Pleas
Appeal from a judgment of a justice of a district court. This action was brought by Adolphus F. Buddenburg, as as-signee of John Wendlandfc, against Valentine Benner, to recover for tbe loss of clothing stolen from 'Wendlandt’s room, while a gnest at the Monte Christo, a boarding-honse kept by defendant. On the trial it appeared that the defendant kept a boardinghouse, and plaintiff’s assignor was one of his boarders.
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Appeal from a judgment of a justice of a district court. This action was brought by Adolphus F. Buddenburg, as as-signee of John Wendlandfc, against Valentine Benner, to recover for tbe loss of clothing stolen from 'Wendlandt’s room, while a gnest at the Monte Christo, a boarding-honse kept by defendant. On the trial it appeared that the defendant kept a boardinghouse, and plaintiff’s assignor was one of his boarders. On the day of the theft, at about 7 o’clock in the morning, Wendlandt left his room, locking it, and leaving the key with the bar-keeper employed by defendant. There were two…
1Opinion of the Court
IwgbahAM, First Judge.
There is nothing in this case to rvarrant the charge of negligence on the part of the plaintiff so as to prevent his recovering.
It is not necessary that a guest should keep his room locked at all times, so as to entitle himself to protection against robbery. But in this case the evidence shows that he did lock the room on leaving it, and that the key was left with, the landlord’s barkeeper. He did all that was necessary for his protection. The key was afterwards given to the servant and no further account *86is given of it, and tbe natural presumption is, that tbe robbery…
2Cited by4 opinions
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