Magee v. Pacific Improvement Co.

Citations

• 98 Cal. 678
• 33 P. 772
• 1893 Cal. LEXIS 979

Syllabus

<p>Inns—Hotel Del Monte—Liability of Innkeeper to Guests—Loss by Fire, —The hotel known as the “Hotel Del Monte” is a public inn, and the proprietor and keeper thereof is liable as an innkeeper for the safety of personal property belonging to its guests, in case of loss thereof by fire.</p> <p>Id. — “Boarder”—Finding against Evidence—Rule of Inn—Notice.—A finding that the plaintiff was an inmate of the house under a special arrangement for board and lodging by the week for a permanent stay, is against the evidence, where there is no evidence of such contract other than a rule of the house to charge guests a less rate per diem weekly for entertainment where the guest remained more than one week, there being no notice of such rule to the plaintiff; or any agreement for board by the week.</p> <p>Id.—Findings—Material Issue—Evidentiary Facts.—In an action against an innkeeper to recover the value of personal properly lost by the burning of the inn, an issue as to whether the plaintiff was a guest or boarder at the inn is one upon which the court should have made an express finding, and a finding that the plaintiff had made a special arrangement with the defendant for board and lodging by the week is not determinative of such issue, but is merely a matter of evidence to be considered in determining that issue.</p> <p>Id.—Corporation as Innkeeper—Ultra Tires—Estoppel—A corporation which engages in the business of innkeeping and assumes the liability of an innkeeper towards a guest, and receives from the guest the consideration for such liability, cannot, in an action against it to recover damages for personal property destroyed by fire, plead that its acts as an innkeeper are ultra vires because under its corporate powers it was not authorized to engage in such occupation.</p>