Weisman v. Holley Hotel Co.

I respectfully dissent from the conclusion reached by the majority of this Court.

I have some doubt whether a bailment for hire was shown by the evidence, but I do not think that the question was properly presented to the trial court by defendant and, therefore, refrain from a discussion of that assignment of error. But the record raises a question whether the goods of plaintiff were lost through fault on his part.

Under the common law an innkeeper was an insurer of the goods of his guests, but this liability could be limited by express agreement or notice to the guest. Cunningham v. Bucky, 42…