Mowers v. . Fethers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor" of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor" of plaintiff, entered upon an order denying motion for a new trial, and directing judgment upon a verdict. (Reported below, 6 Lans., 112.) This action was brought to recover for the loss of a stallion, harness and wagon, alleged to have been destroyed by fire while in defendant’s charge as an inn-keeper, the complaint alleging that one of the plaintiffs, with the horse, stopped at defendant’s inn, and was received as a guest. The answer alleged, in substance, that plaintiffs, for the…
1Opinion of the Court
Reynolds, C.
An inn-keeper at common law, has been said to be the keeper of a common inn for the lodging and entertainment of travelers and passengers, their horses and attendants, for a reasonable compensation. (5 Bacon Abr., [Inns, etc.], 228; Story on Bailments, § 475.) The person or persons undertaking this public employment were bound to take in and receive all travelers and wayfaring persons, and to entertain them for a reasonable compensation, if by any possibility they could be accommodated, and the inn-keeper was bound to guard the goods of his guests with proper diligence. (5 Term…
2Cases cited3 opinions
- Ingalsbee v. WoodNew York Supreme Court · 1862
- Ingallsbee v. . WoodNew York Court of Appeals · 1865
- Washburn v. JonesNew York Supreme Court · 1851
3Cited by6 opinions
- Hancock v. . RandNew York Court of Appeals · 1883
- Crapo v. RockwellNew York Supreme Court · 1905
- Healey v. GraySupreme Judicial Court of Maine · 1878
- Ticehurst v. BeinbrinkAppellate Terms of the Supreme Court of New York · 1911
- Hancock v. RandNew York Supreme Court · 1879
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