Hulett v. Swift
New York Supreme Court
ACTION to recover the value of a horse, wagon, harness and goods destroyed by fire, while in the care and custody of the defendant’s testator, as an innkeeper.
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ACTION to recover the value of a horse, wagon, harness and goods destroyed by fire, while in the care and custody of the defendant’s testator, as an innkeeper. The complaint alleged that Isaac I. Balding, the defendant’s testator, was an innkeeper, and, as such, had and kept a common inn, in the city of Poughkeepsie, known as the “ Balding House;” and that on or about the 25th day of July, A. D. 1860, one Alonzo I. Banks, the servant of the plaintiffs, together with a large quantity of goods, consisting of mittens and gloves of the value of $912, with which the said Banks was traveling as the…
1Opinion of the Court
By the Court,
Bookes, J.
The law is well settled, that innkeepers are held to extraordinary liability on grounds of public utility, growing out of the nature of their vocation. It is insisted that the rule of liability as to innkeepers is the same as that applicable to common carriers of goods—that they warrant the safe keeping of the property of their guests. In other words, that their liability is that of insurers. There can be no possible question, at this day, as to the law in regard to common carriers. They warrant the safe delivery of goods against all contingencies, except the act of…
2Cases cited16 opinions
- McArthur v. SearsNew York Supreme Court · 1839
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Powell v. MyersNew York Supreme Court · 1841
- Elliott v. RossellNew York Supreme Court · 1813
- Piper v. MannyNew York Supreme Court · 1839
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3Cited by2 opinions
- Palmer v. FoleyThe Superior Court of New York City · 1873
- Palmer v. FoleyThe Superior Court of New York City · 1873