Hall v. Pike
Massachusetts Supreme Judicial Court
Tort against the defendant, as an innkeeper, for the loss of the plaintiff’s goods while the plaintiff was a guest at the defendant’s inn.
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Tort against the defendant, as an innkeeper, for the loss of the plaintiff’s goods while the plaintiff was a guest at the defendant’s inn. At the trial in the superior court, before Morton, J., without a jury, there was evidence tending to show that the defendant was an innkeeper, and kept an inn in Cambridge, where he entertained travellers or transient guests, and kept weekly boarders; his usual price for transient travellers being two dollars per day, or fifty cents for each meal and night’s lodging, and for weekly boarders being five dollars per ween: there was no evidence that the…
1Opinion of the CourtColt, J.
It was a question of fact to be decided upon all the evidence whether the plaintiff sustained the relation of guest or boarder in the defendant’s inn at the time of the loss of the articles sued for. This question was submitted by the agreement of the parties to the court for determination. In the absence of a specific agreement, its correct decision requires a consideration of the situation of the parties and all the circumstances. If the defendant was only an innkeeper, the presumption would be that a temporary sojourner, in the absence of other proof, must be a guest. Where, in the same…
2Cited by10 opinions
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- Coe v. RickerMassachusetts Supreme Judicial Court · 1913
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