Clute v. Wiggins
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. Wiggins, B waggoner, brought an action on the case against Clute, a tavern-keeper, to recover the value of several bags of wheat and bar pi» ley, stolen from the sleigh of the plaintiff during the night, while he was entertained as a guest in the house of the defendant.
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IN ERROR, on certiorari to a justice’s court. Wiggins, B waggoner, brought an action on the case against Clute, a tavern-keeper, to recover the value of several bags of wheat and bar pi» ley, stolen from the sleigh of the plaintiff during the night, while he was entertained as a guest in the house of the defendant. At the trial before the justice, it was proved that the defendant kept a tavern, in the town of Half Moon $ that the plaintiff same to the defendant’s house, with a load of wheat and barley and was there received as a guest for the night; that his horses —Pn/i-n," o v/ere put into…
1Per curiam
The liability of an inn-keeper for such losses, arises from the nature of his employment. He has privileges by special license. He holds out a general invitation to all travellers to come to his house, and he receives a reward for his hospitality. The law, in return, impo'ses on him corresponding duties, one of which is, to protect the property of those whom xhe receives as guests.
*177On general principles applicable to this subject, the defendant is liable for the loss sustained in this case. He received the plaintiff as his guest, for the night, with his loaded sleigh and horses. The sleigh…
2Cited by18 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Pinkerton v. WoodwardCalifornia Supreme Court · 1867
- McDonald v. EdgertonNew York Supreme Court · 1849
- Norcross v. NorcrossSupreme Judicial Court of Maine · 1865
- Lader v. Warsher, New York County Courts1937
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