Hoyt v. Clinton Hotel Co.

Citations

• 35 Pa. Super. 297
• 1908 Pa. Super. LEXIS 29

Syllabus

<p>Bailment — Bailment for hire — Hotel—Loss of trunk — Negligence— Presumption — C ontract.</p> <p>The rule that a bailee may not by special contract relieve himself against his own fraud or negligence applies not only to common carriers, but also to bailees who for hire take the property of others into their care.</p> <p>Where a trunk is placed in the custody of the proprietor of a hotel in a room provided for that purpose, a bailment is created for the mutual advantage of both the hotel and the guest; and if the trunk disappears from the room, and the hotel proprietor is unable to account for the loss, the presumption of negligence arises against him, and he will be held liable for failure to exercise ordinary care.</p> <p>A guest in a hotel delivered a trunk to an employee of the hotel, to be placed in a storeroom provided for trunks. A notice in the guest’s room stated that “each tenant may store two trunks in the storeroom without charge, at the owner’s risk. The key of storeroom will be kept at office, and bellman will go to the storeroom with guests.” It was-shown that the key to the storeroom was not kept at the office, but that two keys were in the possession of two employees who performed the duties of porter, and acted in other capacities about the hotel. When the guest demanded his trunk it was not found in the storeroom, and its disappearance was not accounted for by the hotel. Held, in a suit against the hotel, that the plaintiff was entitled to recover the value of his trunk.</p>