27 Md. 130 | Md. | 1867
delivered the opinion of this Court.
This case came before this Court on a former appeal, in which the present appellee was .then the appellant, and which was sustained upon an error in the only ruling of the Court below then under examination, and that was the want of evidence to support the instruction relative to the neglect and carelessness of the guest himself hy which the trunk was lost. That being an appeal by the present appellee, no objection was of course taken hy him to the fact that the prayer covered the trunk and all its contents set out in the declaration, and consequently the particular question which has been raised and discussed in the present appeal was not brought to the notice of the Court in that case or passed upon. See Burrows vs. Treiber, 21 Md., 320. What constitutes in Maryland the baggage of the guest of an inn is distinctly presented hy the prayers in this appeal, and this Court is called upon in this examination to review its own decisions upon this somewhat difficult and yet practically important branch of the law.
The verdict of the jury in the present case was for the sum of $1,980.25, which included the sum of $1,500 in the notes of the Bank of Upper Canada in the trunk, and the value of a separate chest of tea.
The prayer of the appellee, which was granted by the Court below, contained the instruction that the innkeeper, Treiber, was answerable for the value of the trunk and all
The defendant took two exceptions; the first, to the admissibility of certain proof taken in Canada under a commission; the second, to the ruling of the Court in granting the prayer of the plaintiff, and rejecting the second, third and fifth prayers of the defendant as noticed above.
An innkeeper at common law is bound to take more than ordinary care of the goods, money and baggage of his guest brought within his inn, {infra hospitium,) and is responsible for loss or damage to the same by his servants, domestics, other guests or persons unknown; and whether delivered into the custody of the innkeeper or not, so that they be brought within the inn, actually or constructively, according to the character of the articles to be kept. This is the law established by Calye’s Case, in the time of Elizabeth, 8 Coke, 32, and adhered to in England and in this country, until departed from more
The rigor of this.rule has, however, been materially relaxed in Maryland by the decision of this Court in the case of Pettigrew vs. Barnum, 11 Md., 434, and subsequent cases. That was a suit by a guest of Barnum’s City Hotel against its proprietors for the loss of various articles from the trunks of the plaintiff whilst such guest, and this Court, in full bench, unanimously determined (Tuck, J., delivering the opinion) that the defendants were not responsible for silver knives, forks and spoons, which were among the missing or stolen articles. These were wedding presents received whilst on a bridal tour abroad, from which the plaintiff had returned, and was then on his way home in South Carolina. The Court in this case departed from the rigor of the common law, and incorporated the principle which governs carriers of passengers in reference to their baggage, limiting or restricting the responsibility of the innkeeper for the baggage of his guest to that of the carrier of a passenger — putting both, indeed, upon the same ground in this respect. “It is not within the implied contract of the landlord,” said the learned Judge, “that he will he
In this view of the law it is no easy matter to determine what constitutes the baggage proper of a traveller or the guest of an inn. All the authorities agree in pronouncing it difficult. Yet their definitions and explanations must furnish us with the proper idea conveyed by that term. The opinion of this Court, in Pettigrew vs. Barnum, states that “ the baggage of a traveller depends so much on circumstances, such as his position, habits, taste and mode of travelling and living, that it is easier to say, in a given instance, -whether an article is embraced, than to lay down a general rule that will apply to all cases. We do not think (adds the Court) the term embraces merchandize or other valuables not designed for use or personal convenience on the journey.” 11 Md. Rep., 449. What is usually carried as baggage, is said by Bros"soít, J., to be a good test for determining what things
In Tennessee the term baggage has been defined as including articles of necessity and personal convenience, usually carried by passengers for their personal use ; and what these may be will very much depend upon the habits, taste and resources of the passenger ; it also includes money to that extent which may be convenient to meet the travelling expenses. 11 Hump., 419, Johnson vs. Stone.
The various examples from these and'other cases are
Upon these authorities this Court based their decisions in the cases of Pettigrew vs. Barnum and Giles vs. Fauntleroy ; and with their aid we are of opinion that money in the trunk of a guest at an inn, to constitute a part of his baggage for which the innkeeper is responsible, should be of such an amount only as would be convenient to meet his travelling expenses; and to arrive at this the condition of the guest, his mode of life, his habits, tastes, the nature, character and objects of his journey, must be taken into consideration by the jury ; for it is the province of the jury, in such a case, to determine the question of suffl
In applying the law as thus settled in Maryland to the case now before us, we think the Court below erred in granting the plaintiff’s prayer, and the defendant’s second, third and fifth prayers, which were rejected, were correct and ought to have been granted.
Whatever inconvenience or loss the travelling community may be subjected to in Maryland, by these adjudications, as not furnishing the strict proteption to the moveables which they may carry with them as baggage, afforded by the rule of the common law applicable to the relation of innkeeper and guest, may be obviated by an observance of the 5th and 6th sections of the 70th Article of the Code, which is a codification, and in some particulars, an enlargement of the Act of 1854, chapter 323.
The first exception taken to the admissibility of testimony returned with the commission to Canada was not i'elied upon by the appellant in his brief or in the argument. We can see no objection to that proof, and think it was properly admissible.
It may he proper to state that a member of this Court, as now constituted, presided in the Court below when the case between these litigants was first tried, and he was then governed in his rulings by the common law, as understood before the decision of Pettigrew vs. Barnum. Upon a more full examination of the law as declared in
Judgment reversed <*■ and procedendo awarded.