76 Me. 539 | Me. | 1884
I. Was the offered'testimony as to the conduct of third parties in the defendant’s inn, just before the entry of the plaintiffs, and as to the effect of such conduct on the defendant’s mind, admissible? An inn-lceeper’s right to exclude from his inn all disorderly persons ; all persons who come with an intent to make an assault, or to insult him or his customers, and the right to exclude such without waiting until the assault was made, or the affray begun, or the insult perpetrated, may be admitted. Markham v. Brown, 8 N. H. 523. The defendant further claims, however, that when he has reasonable cause to believe such conduct is intended, he may exclude though no such intent may have, in fact, existed. No authority is cited for this last px’opositioxx, nor is its applicability clearly manifest. These actions are not for an exclusion from the inn. The exceptions do xxot show any attempt to exclude the plaixxtiffs from the house. They were admitted to, and allowed to remaixx in the house without objection. The only act complained of, was the refusal to furnish dixxner.
If, however, the proposition be cox'rect axxd applicable, the offered testimony would not be admissible unless it logically, tended-to prove a reasonable cause for such belief. The bill of exceptions states, that some eighty or a huxxdred men, members of two militia companies, and clad in the uniform of the Maine militia arrived in town on the day named; that " more or less ” of them (how many is not stated) went to the defendant’s inn, axxd there behaved in a disorderly axxd insulting manner. These plaintiffs though member's of the militia companies, were xxot of this disorderly party, xxor with them. It is xxot claimed that the plaintiffs were otherwise thaxx sober, orderly and respectable. The oxxly coxxnectioxx slxowxx between them axxd the disorderly ones was their membex’ship of the same militia compaxxies. It is not evexx showix they were of the same compaxxy. The only similarity ixx appearance was in the uniform. Such membership was honorable, and there was not in that any reasonable cause to believe the plaintiffs intended insult. The uniform was honorable
The defendant’s claim that he could not distinguish between the plaintiffs and the others, cannot be admitted against the plaintiffs’ right to entertainment. The plaintiffs were not with the others. Their rights cannot be abridged by the similarity in appearance to other persons not present. It was the defendant’s duty to discriminate.
We think the offered testimony, taken in connection with the facts shown by the exceptions, falls short of a logical tendency to prove areasonable cause for the defendant’s alleged apprehensions.
II. The obligations of an inn-keeper to be provided with food for guests, are sufficiently declared in E. S., c. 27, § 5. "Every inn-holder shall at all times be furnished with suitable provisions and lodging for strangers and travelers, . . . and he shall grant such reasonable accommodations as occasion requires to strangers, travelers and others.” Do the defendant’s exceptions show such a case as entitled him to the requested instruction ; " that an inn-keeper is obliged to be provided with reasonable amount of food sufficient to meet the demands of ordinary travel and no more ?” If the proposition involved in the request, be correct in the abstract, the case does not show that the defendant did have " a reasonable amount of food sufficient for the demands of ordinary travel,” nor does it show that "the demands of ordinary travel ” had exhausted his larder. It does not appear that dinner had been furnished a single person that day. The exceptions do not disclose any evidence to which the requested instruction would be applicable, and it was properly withheld.
III. The common law and the statute already cited imposed on the defendant as an inn-keeper, certain obligations toward travelers and strangers. The statute (K,. S., c. 27, § 13,) also imposed another and independent obligation, that of procuring a license from the municipal officers. The violation of one statute can be no legal excuse for violating the other. The defendant does not need to break the one to keep the other. He can and should obey both. Norcross v. Norcross, 53 Maine, 163. It is admitted that the defendant was an inn-keeper, and there was
Exceptions in both cases overruled.
The plaintiffs applied for dinner at the defendant’s inn and were refused it. Por damages suffered thereby this action is brought. Soldiers in uniform came to the defendant’s inn, and behaved in a disorderly manner, and threatened to turn him and his house into the street.
Defendant offered to prove that the plaintiffs were refused entertainment, because they wore the same uniform, indicating that they belonged to the same band, and claimed that he could not discriminate between them and the disorderly soldiers. The evidence was excluded.
The defendant was not required by law to furnish entertainment for intoxicated, or disorderly persons. If he had reason to suppose that the plaintiffs belonged to the same band of disorderly soldiers, who had .threatened to despoil his house, and that they were evil disposed towards him, or had conspired with the disorderly soldiers to harm his house, or guests, or if they were intoxicated, or disorderly persons, then he would have been justified in refusing them entertainment, and the question should have been submitted to the jury; but the evidence excluded falls short of what would be a justification in thé premises, and for that reason was properly excluded.
The requested instruction that the defendant was bound to provide food, sufficient for the demands of ordinary travel and no more, was rightly withheld, because the evidence does not tend to prove a compliance with that rule. It goes so far only as to show the want of food, without sufficient reason or excuse. The
The defendant kept an inn. His failure to procure the license required by law does not relieve him from his obligation to travelers. Norcross v. Norcross, 53 Maine, 163.
The facts of this case do not require that the rules of law so strenuously contended for by the learned counsellors for the defendant should be applied.