Maxwell v. Gerard
New York Supreme Court
Appeal from circuit court, New York county. Action by Richard W. Maxwell against William B. Gerard to recover the value of a trunk and its contents, consisting of articles of clothing, which had been brought to defendant’s hotel by plaintiff as a guest, and which was alleged to have been lost from plaintiff’s room by the negligence of defendant and Ms employés.
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Appeal from circuit court, New York county. Action by Richard W. Maxwell against William B. Gerard to recover the value of a trunk and its contents, consisting of articles of clothing, which had been brought to defendant’s hotel by plaintiff as a guest, and which was alleged to have been lost from plaintiff’s room by the negligence of defendant and Ms employés. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtParker, J.
The appellant insists that the motion to dismiss the complaint should have been granted, because the relation of guest and innkeeper ceased the moment the plaintiff left the hotel with the declared intention of not returning; that thereafter the defendant, as to plaintiff’s trunk, was merely a warehouseman. We do not understand this to be a correct .statement of the rule. An innkeeper’s liability for the baggage of his guest is not terminated, the instant the guest pays his bill, and leaves the hotel, but continues for such a reasonable time thereafter as may be necessary for him to secure…
2Cases cited6 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Burgevin v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Mattison v. . New York Central R.R. Co.New York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baehr v. DowneyMichigan Supreme Court · 1903
- Graves v. Fitchburg RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Graves v. Fitchburg RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Kaplan v. TitusAppellate Division of the Supreme Court of the State of New York · 1910
- Burkett v. New York Central & Hudson River Railroad, New York County Courts1898
2 more not listed; retrieve them via the Exa API.