Kleckner v. Hotel Strand

Citations

• 60 Pa. Super. 617
• 1915 Pa. Super. LEXIS 254

Syllabus

<p>Bailment — Innkeeper—Loss of baggage — Mutual benefit.</p> <p>Where a traveler goes to a hotel on a Saturday evening and is informed that he cannot he accommodated at the time, hut may be later; and to his request that his traveling bag should be looked after by the hotel, the clerk says “we will check it,” and the traveler not securing a room goes to another hotel, and his bag is lost while in the custody of the first hotel, he will be entitled to recover its value from such hotel, although he did not return for it until Monday morning. In such a case there is a (bailment for mutual benefit, the consideration to the hotel being the expected profit from the traveler who had offered himself as a guest. The liability of the hotel, under the circumstances, is not that of an insurer, but it is liable for ordinary care, and the burden upon it is to show that it was not guilty of negligence.</p> <p>In such a case the court could not, as a matter of law, declare that the plaintiff’s delay in asking for his bag was unreasonable. What was a reasonable time was a' question for the jury.</p>