Shaw v. Berry
Supreme Judicial Court of Maine
Case against an innkeeper, for an injury to the plaintiff’s horse, while at the defendant’s stable. The horse was placed at the stable in the evening, and one of his hind legs was found, in the morning, to have been broken above the gambrel joint. The evidence tended to show, that he was treated with care and faithfulness, that he was placed in a safe and suitable stall, with sufficient and suitable bedding; and that the injury happened without the fault of any one.
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Case against an innkeeper, for an injury to the plaintiff’s horse, while at the defendant’s stable. The horse was placed at the stable in the evening, and one of his hind legs was found, in the morning, to have been broken above the gambrel joint. The evidence tended to show, that he was treated with care and faithfulness, that he was placed in a safe and suitable stall, with sufficient and suitable bedding; and that the injury happened without the fault of any one. The Judge instructed the jury, that the rule of law applicable to common carriers, was not applicable to innholders; that the…
1Opinion of the CourtTenney, J.
In the case at bar is involved the question, to what extent an innkeeper is responsible for the horse or goods of his guest, whom he entertains for hire. It has been held by some courts and jurists, that his liabilities are similar to those of common carriers; others have considered the law less rigorous towards him. Calye’s case, reported in 8 Coke, 32, has long been regarded as the leading case upon this subject ; and in some respects, a difference of opinion has existed, as to its doctrines. In that case, according to the report, “ it was resolved by the whole court, that if a man comes to…
2Cases cited1 opinion
- Clute v. WigginsNew York Supreme Court · 1817
3Cited by7 opinions
- McDaniels v. RobinsonSupreme Court of Vermont · 1854
- Johnson v. RichardsonIllinois Supreme Court · 1855
- Lusk v. BeloteSupreme Court of Minnesota · 1876
- Chamberlain & Co. v. MastersonSupreme Court of Alabama · 1855
- Hulett v. SwiftNew York Supreme Court · 1864
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