Howth v. Franklin
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. James H. Bell. Suit by appellee against appellant, as the keeper of a public inn, for the value of a horse, the property of the plaintiff, which, it was alleged escaped or was stolen from the stable or lot of the defendant, through the carelessness and neglect of the latter ; said horse having been received into defendant’s possession, in the capacity aforesaid, to keep and feed, from the hands of a certain person in whose…
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Appeal from Austin. Tried below before the Hon. James H. Bell. Suit by appellee against appellant, as the keeper of a public inn, for the value of a horse, the property of the plaintiff, which, it was alleged escaped or was stolen from the stable or lot of the defendant, through the carelessness and neglect of the latter ; said horse having been received into defendant’s possession, in the capacity aforesaid, to keep and feed, from the hands of a certain person in whose service he then was, and who was at the time a guest of the defendant. The only real question of fact was, whether defendant…
1Opinion of the CourtRoberts, J.
The Court charged the jury, that “ the material question in this case is whether or not the defendant is liable as the keeper of a common inn. An innkeeper is one who holds himself out to the public as engaged in the business of keeping a house for the lodging and entertainment of travellers and passengers, their horses and attendants for reasonable compensation. He is liable for any loss of property committed to his keeping, which any care or vigilance or diligence on his part could have prevented. If the defendant only occasionally entertained travellers for compensation, when it suited his…
2Cited by8 opinions
- Dallas Hotel Co. v. DavisonTexas Commission of Appeals · 1930
- Marden v. RadfordMissouri Court of Appeals · 1935
- Dunbier v. DayNebraska Supreme Court · 1882
- W. R. Case & Sons Cutlery Co. v. CanodeCourt of Appeals of Texas · 1915
- Smith v. RobinsonCourt of Appeals of Texas · 1927
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