Crapo v. Rockwell
New York Supreme Court
Motion for nonsuit reserved until after verdict of the jury. The defendants are proprietors of the Ten Eyck Hotel in Albany, FT. T. The plaintiff while an occupant of certain rooms in the “Annex ” connected with said hotel lost and sustained injuries to her property in such rooms. This action is based on the alleged common-law liability of the defendants as innkeepers.
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Motion for nonsuit reserved until after verdict of the jury. The defendants are proprietors of the Ten Eyck Hotel in Albany, FT. T. The plaintiff while an occupant of certain rooms in the “Annex ” connected with said hotel lost and sustained injuries to her property in such rooms. This action is based on the alleged common-law liability of the defendants as innkeepers. The defendants allege that the relationship of innkeeper, and guest did not exist between them and the plaintiff but that the latter was a permanent lodger.
1Opinion of the CourtCochrane, J.
The strict rule of the common law has declared for centuries and still declares that an innkeeper is the insurer of the property of his guest and liable for its loss for any cause whatever unless such loss occurs from the neglect of the guest, the act of God or the public enemy. Wilkins v. Earle, 44 N. Y. 172; Hulett v. Swift, 33 id. 571.
This rigorous rule had its origin in the feudal conditions which were the outgrowth of the middle ages. In those days there was little safety outside of castles and fortified towns for the wayfaring traveler who, exposed on his journey to the depredations of…
2Cases cited7 opinions
- Wilkins v. . EarleNew York Court of Appeals · 1870
- Hancock v. . RandNew York Court of Appeals · 1883
- Ingalsbee v. WoodNew York Supreme Court · 1862
- Cromwell v. StephensNew York Court of Common Pleas · 1867
- Ingallsbee v. . WoodNew York Court of Appeals · 1865
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- Watt v. KilburyWashington Supreme Court · 1909
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