Wintermute v. Clark
The Superior Court of New York City
This was an appeal by the defendant, from a judgment rendered at a special term, upon a verdict in favor of the plaintiff. The action was brought to recover of the defendant, as a common innkeeper, the value of a trunk and its contents, alleged to have been lost by his negligence, or that of his servants.
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This was an appeal by the defendant, from a judgment rendered at a special term, upon a verdict in favor of the plaintiff. The action was brought to recover of the defendant, as a common innkeeper, the value of a trunk and its contents, alleged to have been lost by his negligence, or that of his servants. The complaint charged, that on the 12th March, 1850, and before that time, the defendant was an innkeeper, keeping a common inn in Chambers street, in the city of New York, and that on that day, Sandford Wintermute, the son and servant of the plaintiff, an infant under the age of twenty-one…
1Opinion of the Court
By the Court.
Oakley, Ch. J.
In order to charge the defendant as an innkeeper, it was not necessary to prove that it was only for the reception of travellers that his house was *247kept open. It was sufficient to prove that all who came were received as guests, without any previous agreement as to the duration of their stay or the terms of, their entertainment, and such was the proof actually given. There may be a distinction between the liability of the keeper of an inn and of a mere boarding-house, where transient persons are not received at all, and none are received but for a certain time and…
2Cited by16 opinions
- Pinkerton v. WoodwardCalifornia Supreme Court · 1867
- Walling v. PotterSupreme Court of Connecticut · 1868
- Cromwell v. StephensNew York Court of Common Pleas · 1867
- People v. JonesNew York Supreme Court · 1863
- Pullman Palace Car Co. v. LoweNebraska Supreme Court · 1889
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