Ingallsbee v. . Wood
New York Court of Appeals
Appeal from the Supreme Court. The action was by the plaintiff, as assignee of his father and brother, to recover the value of a horse and harness, left by the brother with the intestate, who was an innkeeper, the property having been burned with the defendant’s barn. The cause was tried before Judge Potter, at the Washington Circuit, and evidence was given tending to establish the following facts: The plaintiff’s brother resided with his father.
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Appeal from the Supreme Court. The action was by the plaintiff, as assignee of his father and brother, to recover the value of a horse and harness, left by the brother with the intestate, who was an innkeeper, the property having been burned with the defendant’s barn. The cause was tried before Judge Potter, at the Washington Circuit, and evidence was given tending to establish the following facts: The plaintiff’s brother resided with his father. He had been recently married, and his wife still continued to reside with her mother, near the defendant’s inn. He had been in the habit of leaving…
1Opinion of the Court
As there was no negligence on the part of the intestate, he was not liable for the loss, unless he was an insurer of the property. There was no express contract of insurance, and none can be implied, unless it sprung from the relation of innkeeper and guest. No such relation existed between the parties. The horse was left at the stable by one who was not, and did not expect to be, a guest at the inn. There was no contract, either express or implied, except for the keeping of the animal for the night; and this created no other or greater liability than if the intestate, instead of being an…
2Cases cited3 opinions
- Fox v. McGregorNew York Supreme Court · 1851
- Thickstun v. HowardIndiana Supreme Court · 1847
- Hickman v. ThomasSupreme Court of Alabama · 1849
3Cited by8 opinions
- Hays v. TurnerSupreme Court of Iowa · 1867
- Crapo v. RockwellNew York Supreme Court · 1905
- Mowers v. . FethersNew York Court of Appeals · 1874
- Brewer v. CaswellSupreme Court of Georgia · 1909
- Healey v. GraySupreme Judicial Court of Maine · 1878
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