Van Wyck v. Howard
New York Court of Common Pleas
This was an action brought by Van Wyck against Howard, proprietor of the Irving House, to recover the value of the property stolen from one Forbes while he was there as a guest,
1Opinion of the Court
Daly, Judge.
The argument at the close of the trial, that the plaintiff might take judgment for the value of the jewelry, ($32,) was an admission of the competency of the witness Forbes; of the sufficiency of the assignment, and a waiver of the objection made to certain questions as leading. The only point, therefore, to be determined is, whether the plaintiff can recover for the money which was lost.
Where the goods of a guest are lost at an inn, the loss is presumed to have occurred through negligence on the part of *149the innkeeper, which he may, however, rebut, by showing that it was…
2Cited by2 opinions
- Briggs v. ToddAppellate Terms of the Supreme Court of New York · 1899
- Macklin v. New Jersey Steamboat Co.New York Court of Common Pleas · 1869