Healey v. Gray
Supreme Judicial Court of Maine
On motion. Case against an innkeeper, to recover the value of the plaintiff’s mare, put into the defendant’s stable December 4, 3875, and found dead therein the next morning, alleging negligence on the part of the defendant. Jesse Healey drove the plaintiff’s mare from Concord to Solon and delivered her to the defendant’s hostler at her inn, to be kept; till the next day, Healey himself not stopping at the inn, but with his son-in-law in the same village.
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On motion. Case against an innkeeper, to recover the value of the plaintiff’s mare, put into the defendant’s stable December 4, 3875, and found dead therein the next morning, alleging negligence on the part of the defendant. Jesse Healey drove the plaintiff’s mare from Concord to Solon and delivered her to the defendant’s hostler at her inn, to be kept; till the next day, Healey himself not stopping at the inn, but with his son-in-law in the same village. The next morning the mare was found dead in defendant’s stable. There was evidence tending to show that she was hitched in the usual…
1Opinion of the CourtAppleton, C. J.
This is an action against the defendant, an innkeeper, for the loss of a horse left by the plaintiff at her inn.
The plaintiff did not stop or intend stopping at the defendant’s inn, but staid with a son-in-law, leaving his horse in the charge of the defendant’s hostler. Whether, under such circumstances, the plaintiff is to bo regarded as a guest and entitled to the rights of one may well be questioned. In Mason v. Thompson, 9 Pick. 280, the traveler did not go to the inn, but stopped as a visitor with a friend and sent her horse and carriage to the inn. After four days she sent for the…
2Cases cited3 opinions
- Ingalsbee v. WoodNew York Supreme Court · 1862
- Ingallsbee v. . WoodNew York Court of Appeals · 1865
- Mowers v. . FethersNew York Court of Appeals · 1874
3Cited by2 opinions
- Brewer v. CaswellSupreme Court of Georgia · 1909
- Ticehurst v. BeinbrinkAppellate Terms of the Supreme Court of New York · 1911