102 Tenn. 415 | Tenn. | 1899
This bill was filed in the Chancery Court of Shelby County against the defendant
The first assignment is, the Court erred in holding that the relation of innkeeper and guest did not exist between complainants and defendants.
Second. — The Court erred in holding that, as boarders, the complainants were not entitled to recover. »
The facts may be briefly stated. The complainant and his wife, in December, 1897, were boarding in the suburbs of Memphis, and, desiring to entertain a young lady visitor, engaged three rooms at the Peabody Hotel. At the time Mr. and Mrs. Meacham moved to the hotel, he was told the rate would be $2 per day if they stayed one week. Mr. Meacham stated that his family might stay as long as two or three weeks. As a matter of fact the family stayed less than two weeks. There is proof tending to show that complainant and his wife were assigned rooms on the fourth floor, among the regular boarders and families of the hotel, and this was done conformably to the request of complainant, and under an agreement to that effect made by- him with the hotel clerk. The proof tends to show that the rate given, $2 per day for each person, was a
The larceny was committed after 2 and before 4 o’clock p.m., on December 1, 1897. Mrs. Meacham testified that she had been wearing the sealskin coat during the morning, returned to the hotel about 12:30 o’clock, removed it, and hung it up in the wardrobe where the cape was hanging. She then locked the .door, put the key in her purse, and went down to the parlor to see a lady acquaintance; that in about twenty minutes she returned to her room, prepared for lunch, again locked the door, and did not return to her room until 3:30, when she discovered the larceny. Mrs. Meacham testified that the door was locked and her key to the room was in her purse during the time the larceny was committed; that when she returned to her room and made the discovery the door was still locked.
Mrs. Meacham testified that since the larceny the manner of the chambermaid had undergone a marked change; that, while prior to the larceny she was a very attentive servant, afterwards she seemed quite frightened whenever she met Mrs. Meacham or her family.
Mrs. Meacham was asked by her counsel what she thought of the possibility of the garments having-been placed in the valise and carried off in that way, to which she replied: “That is my idea; that they did that and walked through. No one could have suspected that it was not the gentleman’s who took the valise, if a man had walked through the office with it, and if a man had, in fact, taken it.”
It was conceded on the trial that the watch and chain should have been deposited in the safe, in compliance with notices to that effect posted in the room, and that no recovery could be ’ had for the loss of the watch and chain.
The Chancellor held that complainant and his wife were boarders at the hotel, and that, as the record did not disclose any culpable negligence, the defendants were not liable for the value of the articles. In support of the decree of the Chancellor, it was argued that complainant was not a guest, for he was neither a traveler, wayfarer, or transient comer. It is insisted: (1) He was a neighbor, (2) he came at a fixed rate, (3) he came for a definite time, and specified that he should be located with the families, the regular boarders, and not with the transients. It is argued that as to him the hotel was not an inn, but a boarding house; that he received a lower rate, and
An inn is defined as a house for the lodging and entertainment of travelers. The People v. Jones, 54 Barb., 311; Lewis v. Hitchcock, 10 Fed. Rep., 4. “A house where a traveler is furnished with everything he has occasion for while "on the way.” Thorrpson v. Lacy, 3 Barn. & Aid., 286. “Inns are houses for .the entertainment of travelers — wayfarers, as they are called.” Caylis case, 8 Co., 32; Willard v. Reinhardt, 2 E. D. Smith (N. Y.), 148; 11 Am. & Eng. Enc., Inns, 7; Bacon’s Ab., Inns and Innkeepers; 3 Story on Bailments, Sec. 475.
So it has been held that common inns are instituted for passengers and wayfaring men, therefore, if a neighbor, who is no traveler, lodges there, and his goods be stolen, he shall not have an action. Carter v. Hobbs, 12 Mich., 52; 83 Am. Dec., 762. The prominent idea of the term guest is that he must be a traveler, wayfarer, or transient comer to an inn for lodging or entertainment. 11 Am. & Eng. Enc. L., 13. “Every one who is received into an inn and has entertainment there, for which the innkeeper has remuneration or reward for his service, is a guest. The relation of host and guest exists. This general definition, however, only includes those who are, in a legal sense, travelers or wayfarers,, and boarders or persons who reside in the same place are not embraced by it. It is only travelers or wayfarers that innkeepers are bound to
“The basis of this restriction is the peculiar liability of innkeepers to those who, as strangers and sojourners, are compelled to put up in an inn without knowing the character of the house. The liability of innkeepers is strict, and justly so, but it is a liability limited to their relation to travelers or wayfaring men. The law of civilized countries benignantly protects men away from home and from those resources with which the denizen or citizen can guard himself from wrong and protect his property from loss or injury.” Honor v. Harvey, 5 Pac., 329.
“When a traveler comes to an inn and is accepted, he instantly becomes a guest. The innkeeper, when he accepts him and his goods, becomes his insurer, and the innkeeper must answer in damages for the loss or. injury of all goods, money, and baggage of his guest brought within his inn and delivered .into his charge and custody, according to the usage of travelers and innkeepers; but he must be a guest, and before he can be a guest he must be a traveler. When he ceases to be a traveler or a transient or a wayfaring man, and takes up a permanent abode, even in an inn, he ceases to be an object of the law’s especial solicitude, and he is no longer a guest, but a boarder; no longer a traveler, but a citizen.” II).
“It is said that there are two classes of persons who are entertained by innkeepers for reward, guests and boarders. The distinction between a guest and boarder, which it is difficult to draw, and which is variously stated, is based mainly upon the fact that boarders contract for a definite stay at specific prices. ’ ’
In Shortcraft v. Bailey, 25 Iowa, 553, the- distinction between a guest and boarder seems to be this: “The guest comes without any bargain for time, and remains without one, and may go whenever he pleases, paying only for the actual entertainment he receives, and it is not enough to make one a boarder and not a guest that he stayed' for a long time in the inn in this way.”-
The case of Manning v. Wells, 9 Hum., 746, is to the same effect. In that case it appeared plaintiff was boarding at the house of defendant, who kept a public inn in the city of Memphis, at $12.50 per month, and lodged in a room that had no lock on the door, and that during the night, while he slept, his coat, worth $12.50, was stolen. The trial Judge charged the jury that defendant, was liable for the coat if lost or stolen from his house, unless it happened by the act of Grod or the public enemy, but if the plaintiff had exclusive use' and possession of the room, then the defendant would
“These principles are settled by the authorities, and founded in sound reason. A passenger or wayfarer may be an entire stranger. He must put up and lodge at the inn to which his day’s journey may bring him. It is, therefore, important that he should be protected by the most stringent rules of law, enforcing the liability of the innkeeper. In such case, therefore, the law makes the innkeeper the insurer of the goods of his guest, except as to losses occasioned by the act of God or public enemies. But as a boarder does not need such protection, the law does not afford it. It is sufficient to give him a remedy when he shall prove the innkeeper has been guilty of culpable negligence.”
These authorities we think conclusive of the question presented by the first assignment of error, for it must be conceded, upon the undisputed facts in the record, that plaintiff and wife were mere boarders in defendant’s hotel, and while occupying this relation the proprietors were not insurers of their property, but are only liable for culpable negligence. There being no proof of negligence, or that the articles were purloined by any employe of the defendant, the company is not liable. Pullman Palace Car Co. v. Gavin, 9 Pickle, 53.
Affirmed.