Bradley Livery Co. v. Snook
Supreme Court of New Jersey
On error to the Bergen Circuit. At the trial of this cause the plaintiff was nonsuited upon his offer to prove the following facts: The plaintiff is a corporation under the laws of the State of New Jersey, duly incorporated, and on November 25th, 1900, which was a Sunday, was the owner of a coach and pair of horses.
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On error to the Bergen Circuit. At the trial of this cause the plaintiff was nonsuited upon his offer to prove the following facts: The plaintiff is a corporation under the laws of the State of New Jersey, duly incorporated, and on November 25th, 1900, which was a Sunday, was the owner of a coach and pair of horses. The defendant was keeping an inn in the borough of Wallington, under license duly granted to him September 11th, 1900. Defendant’s inn consisted of a main building and a covered .shed, attached to one side thereof and connected therewith by a door leading from the shed directly…
1Opinion of the Court
The opinion of the court was delivered by
Fort, J.
We find no error in the direction of a nonsuit by the learned trial judge in this case.
The liability of an innkeeper for the property of his guest placed in his care arises out of an express or an implied contract of bailment. Such contractual relation can only' arise where it is apparent, under the facts, that such was the intention of the parties. A contract, of course, may be implied from the circumstances, as well as established by an actual agreement. In order to raise an implied contract of liability on the part of an innkeeper for the…
2Cases cited2 opinions
- Clute v. WigginsNew York Supreme Court · 1817
- Hawley v. SmithNew York Supreme Court · 1841
3Cited by2 opinions
- NO. RIVER INS. CO. v. Tisch Management, Inc.New Jersey Superior Court Appellate Division · 1960
- Kushner v. President of Atlantic City, Inc.New Jersey Superior Court Appellate Division · 1969