Gale v. Lawyers Mortgage Investment Corp.

Notwithstanding the form of the plaintiff’s declaration it appears that he seeks to hold the defendant liable for the loss of money alleged to have been kept by him in his room at the Broadway Hotel, operated by the defendant, on the ground that the defendant was an innkeeper with an innkeeper’s common law responsibility as an insurer of the property of a guest. Mason v. Thompson, 9 Pick. 280, 283, Berkshire Woollen Co. v. Proctor, 7 Cush. 417, Burbank v. Chapin, 140 Mass. 123, 124, Spring v. Hager, 145 Mass. 186, 190.

There is no evidence that the defendant was an innkeeper. The only evidence…