Faucett v. . Nichols
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 2 Hun, 521; 4 T. & 0., 597.) This action was brought against defendant, an innkeeper, to recover for the loss of plaintiff’s horses, carriage, harness, etc., which were burned up in defendant’s barn, plaintiff being at the time his guest.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 2 Hun, 521; 4 T. & 0., 597.) This action was brought against defendant, an innkeeper, to recover for the loss of plaintiff’s horses, carriage, harness, etc., which were burned up in defendant’s barn, plaintiff being at the time his guest. The defence attempted to be established was that the fire was the work of an incendiary, and that it occurred without defendant’s negligence. Defendant’s evidence tended to show…
1Opinion of the CourtAndrews, J.
The common-law liability of innkeepers for loss of the property of guests by fire, occurring without the innkeeper’s fault or negligence, as declared in Hulett v. Swift (33 N. Y., 571), was modified and limited by chapter 638 of the Laws of 1866. The case of Hulett v. Swift was decided in 1865, and it was held that an innkeeper was an insurer of the property committed to his custody by a guest, as against loss by fire, and the defendant in that'case was made responsible for the goods of the plaintiff in his custody as innkeeper, which were consumed by fire while in 'the barn of the defendant.…
2Cases cited2 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Schwerin v. . McKieNew York Court of Appeals · 1872
3Cited by13 opinions
- Goncalves v. Regent International Hotels, Ltd.New York Court of Appeals · 1983
- Altman v. . OzdobaNew York Court of Appeals · 1923
- Ruffalo's Trucking Service, Incorporated v. National Ben-Franklin Insurance Company of Pittsburgh, PennsylvaniaCourt of Appeals for the Second Circuit · 1957
- Tex. & Pac. R'y Co. v. De MilleyTexas Supreme Court · 1883
- Battelle v. Mercantile Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1910
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