O'Brien v. Vaill

Citations

• 22 Fla. 627

Syllabus

<p>1. When tlie relation of inn-keeper and guest exists, the inn-keeper can only avoid the extraordinary liability imposed on him by the law for the protection of the bag-gage of the guest, when a loss of the baggage is occasioned by tlie act of God, the public enemy, or the misconduct of tlie guest, or the friend whom he brings with him.</p> <p><3. But when the guest settles his bill and departs from the inn, leaving his baggage behind him, requesting the inn-keeper to keep it until Ms return, wliicli ho says will he in seven or eight clays, and the inn-keeper has ceased to receive any profit from'the entertainment of the guest, or any compensation for taking care of his baggage, the relation of inn-keeper and guest no longer exists.</p> <p>3. In such a case the inn-keeper is the gratuitous bailee of the baggage of' the traveler, and is only responsible, if it is lost, if he is guilty of gross negligence.</p> <p>4. When the inn-keeper, after the departure of the guest, removes the-baggage from the room occupied by the guest, to the main hall of the hotel, from which it was stolen, and the proof shows, that baggage was usually kept there ; that the only entrance to-the hotel was through the office ; that while the hotel was open some person was always in charge of the office, and when it was closed at night a watchman was on duty, there is nothing to-show that the inn-keeper was guilty of gross negligence.</p>