Scheffer v. Corson
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action to recover for injuries to plaintiff’s goods while in defendants’ hotel. Plaintiffs had judgment and defendants appeal. The facts are stated in the opinion. The provisions of Section 3686, Comp.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action to recover for injuries to plaintiff’s goods while in defendants’ hotel. Plaintiffs had judgment and defendants appeal. The facts are stated in the opinion. The provisions of Section 3686, Comp. Laws, relating to the liability of inn-keepers is simply declarative of the common law and must be construed to apply to the personal property which a guest brings to the inn in his character as a traveler or guest, and not as a merchant or salesman. As to the former the inn keeper is an insurer; as to the latter he is simply a bailee…
1Opinion of the CourtKellam, J.
In August, 1889, the appellants were partners *235as inn-keepers at the city of Sioux Falls. Upon that day one Steinberg, a traveling salesman in the employ of respondents, stopped at the inn of appellant’s, and became a guest therein. At his request he was given an extra room in which to exhibit his samples. This room was in the basement of the hotel, during his occupation of such room, and while his samples, which were the property of respondents, were so unpacked and being displayed upon tables standing against the outside walls of said room, they were injured by water and mud which came in…
2Cited by8 opinions
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- Smith v. Mutual Cash Guaranty Fire Ins.South Dakota Supreme Court · 1907
- Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
- Whitney Loan & Trust Co. v. BrownSouth Dakota Supreme Court · 1919
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