Miller v. Peeples

Citations

• 60 Miss. 819

Syllabus

<p>1. IircnEEEPER. Liability for baggage lost by one not a guest. Payment of bill.</p> <p>M., who had spent the night at an inn, paid his bill and had his name checked from the register in order to release himself of liability as a guest during a day’s absence at a neighboring town, where he went on business, intending to return at night. During his absence a valise left by him with a friend in the room which he had occupied before leaving the inn was lost. He demanded payment for his valise and contents, which being refused he brought suit for the value thereof against the innkeeper. B.eld, that the relation of innkeeper and guest having been intentionally terminated by M., he cannot hold the innkeeper responsible for the loss of his valise, which occurred after he had ceased to be a guest of the inn. The fact that he expected to return and again become a guest of the inn did not continue the relation of guest and host during his absence.</p> <p>2. Same. Criterion of liability. Mutual rights of guest and hoét.</p> <p>An innkeeper is chargeable as such because of the profit derivable from entertaining. The right to charge is the criterion of his liability. When the liability of the guest to be charged as such ceases, his claim on the innkeeper expires, subject only to his right to hold the innkeeper responsible for his baggage during such time as may be reasonable, under the circumstances, to effect a removal thereof. .</p>