Stewart v. Parsons
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lane County. Action for the value of a gold watch and chain, belonging to plaintiff, and alleged to have been, through defendant’s negligence, lost and stolen from plaintiff’s room, while he was occupying his sleeping room in defendant’s inn.
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APPEAL from the Circuit Court for Lane County. Action for the value of a gold watch and chain, belonging to plaintiff, and alleged to have been, through defendant’s negligence, lost and stolen from plaintiff’s room, while he was occupying his sleeping room in defendant’s inn. The complaint states that plaintiff was wearing the watch and chain in a pocket in his clothing, and that they were “such as he habitually did, and reasonably and properly might, carry and have with him.” The answer alleges the facts required by the terms of ch. 318, Laws of 1864, as a protection to the inn-keeper in any…
1Opinion of the CourtCole, J.
It may be assumed, upon the record in this case, that the defendant fully complied with the provisions of chapter 318, Laws of 1864, and that the plaintiff did not offer to deposit his watch and chain in the safe of the defendant. The circuit court finds these facts, and the correctness of the finding upon these points is not controverted by either side. But still, the court held that, as the gold watch and chain were such property as the plaintiff might reasonably carry upon his person, the defendant was liable for their loss in his capacity as inn-keeper, or as bailee for hire,…
2Cases cited2 opinions
- Gile v. LibbyNew York Supreme Court · 1861
- Hyatt v. TaylorNew York Supreme Court · 1868
3Cited by4 opinions
- Briggs v. ToddAppellate Terms of the Supreme Court of New York · 1899
- Elcox v. HillSupreme Court of the United States · 1878
- Myers v. CottrillU.S. Circuit Court for the District of Eastern Wisconsin · 1873
- Elcox v. HillSupreme Court of the United States · 1878