McIntosh v. Schops
Oregon Supreme Court
From Multnomah.: William N. Gatens, Judge. Department 2. The defendant was the keeper of an inn or hotel in Portland. The plaintiff was an occupant of one of the rooms in the hotel. While plaintiff was, out of his room one day, the door was forced open by a burglar, and three suits of clothes and some small articles of property were taken. He brings, this action against the defendant to recover the value of such wearing apparel, etc., alleged to amount to about $84;
1Opinion of the CourtBennett, J.
The case seems to have been tried upon both sides, upon the theory that the relationship of guest and innkeeper subsisted between plaintiff and defendant, and that the defendant’s liability was of that very high degree, amounting almost to insurance, which attached at the common law to such relationship.
We are forced to the conclusion that from the allegations in the pleadings and the proof in the case, this was not the real relationship between the parties, but that the real relationship was that of a boarding or lodging house keeper to his boarder or lodger — an altogether different…
2Cases cited2 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Colburn v. Washington State Art Ass'nWashington Supreme Court · 1914
3Cited by5 opinions
- G. L. v. Kaiser Foundation Hospitals, Inc.Oregon Supreme Court · 1988
- Kutbi v. Thunderlion Enterprises, Inc.Court of Appeals of Oregon · 1985
- Brams v. BriggsMichigan Supreme Court · 1935
- Lyons v. KamhootOregon Supreme Court · 1978
- City of Portland v. Carriage InnCourt of Appeals of Oregon · 1984