Clancy v. Barker

Citations

• 131 F. 161
• 69 L.R.A. 653
• 1904 U.S. App. LEXIS 4272

Syllabus

<p>1. Innkeepers — Liability to Guests.</p> <p>Innkeepers are not insurers of the safety of the persons of their guests. The limit of their liability is for the exercise of reasonable care for the safety, comfort, and entertainment of their visitors.</p> <p>2. Same — Not Liable eor Acts oe Servants Beyond the Scope oe their Employment.</p> <p>Innkeepers do not contract to insure the safety of their guests against injuries which are inflicted upon them by the negligent or willful acts of their servants beyond the scope and course of their employment, and for such acts they are not liable in damages when they have exercised reasonable care to prevent them.</p> <p>3. Same — Liability to Guests — Pacts.</p> <p>A boy about six years of age, a guest of the defendants at their hotel, wandered out of the room assigned to him, and into a room in which a bell hoy or porter of the defendants was engaged in playing a harmonica for his own amusement, and the latter accidentally or willfully shot the former with a pistol.</p> <p>Held, the bell hoy was not acting within the course or within the apparent or actual scope of his employment at the time of the shooting, and the innkeepers were not liable for the injury he inflicted.</p> <p>(Syllabus by the Court.)</p>