5 Whart. 9 | Pa. | 1839
The opinion of the Court was delivered by
The case submitted by this verdict falls distinctly within the principle of Brown v. Sims, (17 Serg. & Rawle, 138,) that, for the benefit of trade, a thing put upon rented premises by a customer in the way of the tenant’s business, is privileged from distress. The principle is a growing one, and embraces every case which can be brought at all within it. It sprung from necessity in the first instance, and began with the exemption of a guest’s effects at an inn, because, as it was said, the innkeeper is bound to receive them; and the privilege was, for that reason, very strangely thought to be that of the innkeeper himself. Were it a benefit for him to prevent the lessor from getting the rent from a stranger, there would be something like reason in conceding it to him in compensation of his duty to receive those who favour. him with their custom; but being answerable to them for their effects in his charge, he can neither gain nor loose by their exemption; for its supposed effect
Judgment reversed, and judgment entered for the plaintiff.