Holstein v. Phillips & Sims
Supreme Court of North Carolina
Civil agtioN, tried, on appeal from a justice’s court, before Guión, J., at May Term, 1907, of the Superior Court of HeN-dersoN County. A jury trial having been formally'waived, the facts were agreed upon, and it was made to appear that, in 1905, the defendants were the proprietors of the Imperial Hotel, where they were running a general public hotel business during the summer as a summer resort, under the firm name of Phillips & Sims.
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Civil agtioN, tried, on appeal from a justice’s court, before Guión, J., at May Term, 1907, of the Superior Court of HeN-dersoN County. A jury trial having been formally'waived, the facts were agreed upon, and it was made to appear that, in 1905, the defendants were the proprietors of the Imperial Hotel, where they were running a general public hotel business during the summer as a summer resort, under the firm name of Phillips & Sims. While they were so engaged, the feme plaintiff stopped at said hotel, under the facts, circumstances and conditions as set out in her testimony and the…
1Opinion of the Court
Hoke, J".
The decisions of this State are to the effect that, in the absence of statutory regulation, the keeper of a public inn, or hotel, which is the modern and more frequently used term, is responsible to his guest for the safety of the latter’s goods, chattels and money, when placed infra hospitium and which he has with him for the purposes of his journey. The proprietor is held to be an insurer to the extent that he must make good to the guest all loss or damage arising from any cause, except the act of God or the public enemy, or the fault of the guest himself or his agents or servants.…
2Cases cited12 opinions
- Pinkerton v. WoodwardCalifornia Supreme Court · 1867
- Bonner v. WelbornSupreme Court of Georgia · 1849
- Hancock v. . RandNew York Court of Appeals · 1883
- Fay v. Pacific Improvement Co.California Supreme Court · 1892
- Walling v. PotterSupreme Court of Connecticut · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Purdy v. MOISESupreme Court of South Carolina · 1953
- State v. . McRaeSupreme Court of North Carolina · 1915
- Frockt v. GoodloeDistrict Court, W.D. North Carolina · 1987