Lyon v. Smith
Supreme Court of Iowa
Error to Henry. This suit was originally instituted before a justice of the peace, by Lyon against Smith, and removed to the District Court of Henry by certiorari. At the September term 1842 the parlies submitted the law and ^he facts to the court, Judge Mason presiding. The plaintiff sought to recover the value of property lost at defendants house, which he, the plaintiff, contended was a public Inn.
Read the full summary
Error to Henry. This suit was originally instituted before a justice of the peace, by Lyon against Smith, and removed to the District Court of Henry by certiorari. At the September term 1842 the parlies submitted the law and ^he facts to the court, Judge Mason presiding. The plaintiff sought to recover the value of property lost at defendants house, which he, the plaintiff, contended was a public Inn. The evidence was that the plaintiff’s son, went to the house of the defendant, in October 1840, during the sales of the public lands at Burlington, with two horses, saddles, and bridles; had his…
1Opinion of the Court
Per Curiam,
Mason, Chief Justice.
Had the defendant not taken all the care of the property of the plaintiff, entrusted to his charge, which a prudent man would of his own, he would have been 'clearly liable, by virtue of the principles of law, applicable to that species of 4bailment. But it is sought to bring him within the class of Innkeepers, and thus render him responsible as an insurer of ail the property of his guests, which may have been left in his keeping.
*186{¡¿tic court Below decided that the facts:proved, did not bring him within that class, and in that decision we think it was clearly…
2Cited by1 opinion
- Cady v. McDowellNew York Supreme Court · 1869