Hawley v. Smith
New York Supreme Court
This was an action on the case, tried at the Chemung circuit in October, 1839, before the Hon. Robert Monell, one of the circuit judges. The defendant was an innkeeper, and the plaintiff stopped at his house with a drove of 700 sheep, which, with his knowledge, was turned out to pasture.
Read the full summary
This was an action on the case, tried at the Chemung circuit in October, 1839, before the Hon. Robert Monell, one of the circuit judges. The defendant was an innkeeper, and the plaintiff stopped at his house with a drove of 700 sheep, which, with his knowledge, was turned out to pasture. In the pasture, or in a gulf adjoining it, grew laurel, a poisonous weed ; and on the next day several of the sheep of the plaintiff died, and others sickened, so that he was obliged to lay by for several days with his drove and servants; and from the evidence produced on the trial, it was manifest that the…
1Opinion of the Court
"By the Gourt,
Nelson, C. J.
I am of opinion this case falls [ *643 ] within an exception laid down in Cayle’s case, 8 Co. 32, to the general rule in respect to the liability of an innkeeper, which has been followed ever since. It was there resolved, that if the guest deliver his horse to the hostler, and request that he be put to pasture, which is accordingly done, and the horse is stolen, the innholder is not responsible, not being in the common law sense of the term, infra hospitium. He is not to be regarded as an *490insurer for goods without the inn, that is for goods not within the curtilage. 8…
2Cases cited1 opinion
- Piper v. MannyNew York Supreme Court · 1839
3Cited by3 opinions
- Neal v. . WilcoxSupreme Court of North Carolina · 1856
- Bradley Livery Co. v. SnookSupreme Court of New Jersey · 1901
- Hulett v. SwiftNew York Supreme Court · 1864