Piper v. Manny
New York Supreme Court
Error from the Montgomery common pleas. This was an action on the case brought in a justice’s court by Piper against Manny as an innkeeper, for the loss of a quantity of butter. The servant of the plaintiff put up for the night at the house of the defendant ; he had a sleigh load of butter, and inquired of the hostler if there was a barn in which the load could be placed, who answered that it was as safe in the yard as under lock and key.
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Error from the Montgomery common pleas. This was an action on the case brought in a justice’s court by Piper against Manny as an innkeeper, for the loss of a quantity of butter. The servant of the plaintiff put up for the night at the house of the defendant ; he had a sleigh load of butter, and inquired of the hostler if there was a barn in which the load could be placed, who answered that it was as safe in the yard as under lock and key. The yard was an open unenclosed space, within 16 or 18 yards of the centre of the travel-led part of the highway, on the opposite of the highway from where…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The only question in the case is, whether the goods were received into the care and keeping of the innkeeper, within ¡the meaning of the terms of his common law liability ; that is, infra hospitium. If they were, the question of negligence of the defendant or his servants has nothing to do with the case. 5 T. R. 275, Buffer, J. The goods need not be within the building strictly denominated the inn, it being well settled that the barns and stables come within the definition. Calye’s case, 8 Rep. 63. Clute v. Wiggins, 14 Johns. R. 175. Mason v. Thompson, 9 Pick. 280.…
2Cited by21 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Pinkerton v. WoodwardCalifornia Supreme Court · 1867
- Purvis v. . Coleman StetsonNew York Court of Appeals · 1860
- Dunbier v. DayNebraska Supreme Court · 1882
- Johnson v. RichardsonIllinois Supreme Court · 1855
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