The record discloses that this action was brought by the plaintiff to recover damages suffered by reason of being-asphyxiated while plaintiff was a guest in defendant’s hotel in Washington, N. C. The testimony shows that plaintiff and companion were assigned by defendant’s clerk to a rоom in defendant’s hotel. The evidence of plaintiff tends to prove that he resided in Hydе County and was visiting Washington and stopped at defendant’s hotel with his companion, one Mаnn. They were assigned to a room and went to bed about 11 o’clock at night. The hotel wаs lighted by gas, and the plaintiff’s room had a gas burner with no stop or safety-pin in it, so that the key wаs loose and could be turned all way around. Defendant’s witness, Martin, testifies he examined fixturе next morning, having been called in to fix it. He says the safety-pin was out, and that with the pin out it would nоt be safe.
Plaintiff testifies that he turned out gas carefully and discovered that there, was nо stop-pin, and that he turned the key at place where it should stop and that he could smell no gas. Then he went to bed. During night he woke up and found Mann crawling over him. The room was full оf gas. He says *272 he was asphyxiated, but managed to reach the door and called for help. Plaintiff testifies that he has not recovered from the effects. There are no exceptions to evidence. The motion to nonsuit was properly denied.
There has been considerable discussion by judges and text-writers as to the liability of an innkeeper for personal injuries sustained by a guest. Cases are to be found where the innkeepеr has been held liable for assaults by servants, and cases contra.. But it seems now to be well settled thаt in case of an injury occurring in consequence of the unsanitary and defective сondition of the inn premises, or room to which a guest is assigned, the innkeeper is liable upon the same principles applicable in other cases where persоns come on the premises at the invitation of the owner or occupant and are injured in consequence of their dangerous condition.
The innkeeper is not an insurеr of his guests’ personal safety, but his liability does extend to injuries received by the guests from being placed in an unsafe room. This is a matter peculiarly within the innkeeper’s knowledge аnd entirely beyond the control of the guest. In that particular he is peculiarly within the innkeeper’s power and protection.
Ten Brock v. Wells,
. This is not only the settled law of this country, but is held by the cоurts of Great Britain.
One who keeps a public house extends an invitation to all to come on his premises, and is therefore liable for injuries sustained in consequence of the bad condition of his inn premises.
Oxford v. Prior,
14 W. R., 611. This principle is applied in cases of warehousеmen, common carriers, and the like.
Finch v. R. R.,
The learned counsel for defendant, Mr. McMullan, in a well considered argumеnt, insists that the plaintiff is guilty of con- *273 tributary negligence upon bis own evidence, and for that reason tbe motion to nonsuit should bave been sustained. We are not prepared to gо that far under tbe circumstances in wbicb plaintiff was placed.
It is undoubtedly true that if tbe defect is an obvious one, tbe guest must use reasonable care on bis part, and if be is himself negligent and could have avoided tbe injury by due care, be cannot recover. 22 Cyc., 1081, and cases cited.
There are circumstances when tbe court can declare as matter of law whether a person has exercised reasonable carе, but there are conditions when tbe question can only be solved by adopting tbe rule of tbе prudent man and submitting tbe matter to tbe jury. "We think, under tbe conditions surrounding-plaintiff, it cannot be fairly hеld that be necessarily failed to exercise due care as a matter of law. He fixed tbe key, as be thought, safely so as to cut off tbe gas. Smelling none, be retired and went to sleep. Tbe gas may bave escaped through tbe loose key during tbe night by reason оf continued pressure, tbe key not being firm enough in place to bold it.
"We think tbe question onе peculiarly for tbe jury under such circumstances, and that it was fairly presented by tbe court to them.
We find no. err or in tbe charge of wbicb tbe defendant can justly complain.
No error.