Legal Opinion

Murray v. Marshall

Supreme Court of Colorado

Decided December 15, 1886PublishedCited by 8 opinions

Error to County Court of Fremont County. The evidence shows that on the night of the 25th of October, 1880, Marshall, the defendant in error, registered at the McClure House, in Canon City, of which Murray, the plaintiff in error, was proprietor. He registered his name, and was assigned to a room by the-clerk, to which he retired, taking his valise with him.

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Error to County Court of Fremont County. The evidence shows that on the night of the 25th of October, 1880, Marshall, the defendant in error, registered at the McClure House, in Canon City, of which Murray, the plaintiff in error, was proprietor. He registered his name, and was assigned to a room by the-clerk, to which he retired, taking his valise with him. The next morning (the 26th) he came down to the office-of the hotel, and handed his valise to the clerk, telling him that he would call for it. The clerk took the valise, and put it behind the counter. On the morning of the 28th, he…

1Opinion of the CourtElbert, J.

An innkeeper is bound to take extraordi.nary care. His responsibility approximates to insurance-whenever the thing brought to the inn has been confided, .expressly or by implication, to his keeping. Schouler,. Bailm. 262. No question is made respecting the liability *483of the innkeeper as stated, but counsel insist that the liability of Murray, the plaintiff in error, ceased when Marshall, the defendant in error, left his hotel, leaving his valise in his care; that thereafter he was a bailee without compensation, and liable only for gross negligence.

It is said generally that, after the relation…

2Cases cited2 opinions

  1. Giles v. FauntleroyCourt of Appeals of Maryland · 1859
  2. Murray v. ClarkeNew York Court of Common Pleas · 1866

3Cited by8 opinions

  1. Baehr v. DowneyMichigan Supreme Court · 1903
  2. Clark v. BallSupreme Court of Colorado · 1905
  3. New Albany Hotel Co. v. DingmanSupreme Court of Colorado · 1919
  4. Dutton Hotel Co. v. FitzpatrickSupreme Court of Colorado · 1920
  5. Oxford Hotel Co. v. LindSupreme Court of Colorado · 1909

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