126 Ga. 532 | Ga. | 1906
(After stating the foregoing facts.)
If one keeps an inn, and also, separate from the inn, keeps a bath-house where persons bathing in the sea change their garments
2, 3. While this is true, we think the presiding judge erred in dismissing the petition on general demurrer. In Bird v. Everard, 4 Misc. Rep. (N. Y.) 104, it was held that the proprietor of a bathing establishment who receives from his patrons the sum demanded for the privilege of a bath, and assumes the custody of their wearing apparel while the latter are enjoying the privileges thereof, becomes a voluntary custodian of the patrons’ apparel for profit, and is bound to exercise due care to guard against loss or theft by others having access to his establishment.with his permis-? sion; and for any loss or theft which could have been prevented by the exercise of such care, said proprietor is answerable in damages. See also Bunnell v. Stern, 122 N. Y. 539; Tombler v. Koeling, 60 Ark. 62, 46 Am. St. Rep. 146; Dilberto v. Harris, 95 Ga. 571; 7 Am. & Eng. Enc. L. (2d ed.) 321, 322, and notes. The proprietor of such an establishment, who receives the apparel or valuables of a bather for safe-keeping while the customer is bathing, and receives a consideration for this and the use of the bathroom or dressing-room and accessories to the bath, being a bailee for hire, is bound to use ordinary care, and is liable for a failure to do so. The declaration sufficiently alleged negligence on the part of the defendant or his agent, and was not subject to a general demurrer.
Judgment reversed.