Nicolosi v. Lycoming Hotel & Motor Lodge, Inc.

RAUP, J.,

Plaintiff brought suit against defendant in trespass and assumpsit for the sum of $3,296.05, representing items owned by plaintiff and stored at an apartment he occupied in defendant’s hotel. The trespass cause of action alleges that defendant was negligent in the care of the items, and the assumpsit action alleges breach of a common law duty as innkeeper to properly care for the items, as a result of which the items were lost. Defendant filed a counterclaim “in assumpsit,” asking judgment against plaintiff in the amount of $19,343.35, representing items and sums belonging to…