140 Mass. 123 | Mass. | 1885
The only question which appears to have been raised at the trial is whether the plaintiff, who is an inn-holder, is liable for the value of certain wearing-apparel of the defendant, which was stolen from his room while he was a guest at the plaintiff’s inn.
The case was tried by the presiding justice of the Superior Court, without a jury. He found as facts, that the plaintiff was
At common law, innholders, like common carriers, are regarded as insurers of the property committed to their care, and are liable for any loss not caused by the act of God or of a public enemy, or by the neglect or fault of the guest. Mason v. Thompson, 9 Pick. 280. Berkshire Woollen Co. v. Proctor, 7 Cush. 417. Our statutes have in some respects limited this extreme liability. Pub. Sts. c. 102, §§ 12-16. Among other things, they provide that “ an innholder against whom a claim is made for loss sustained by a guest may in all cases show that such loss is attributable to the negligence of the guest himself, or to his noncompliance with the regulations of the inn, if such regulations are reasonable and proper, and are shown to have been duly brought to the notice of the guest by the innholder.” Pub. Sts. c. 102, § 16. The statute exonerates an innholder from his common law liability for a loss sustained by a guest who has knowingly failed to comply with a reasonable regulation of the inn, if
The question is not whether an innholder may make an express contract with a guest limiting his liability, but what contract will the law imply against the guest who fails to comply with a known regulation of the inn. The law will not imply a contract more extensive than the terms of the statute; and, in a case like the one before us, in the absence of any express contract, an innholder is relieved from liability for a loss only when, in the words of the statute, such loss is attributable to the non-compliance with the regulations of the inn.
Exceptions sustained.