Wood v. Virginia Hot Springs Co.

Citations

• 202 Pa. 40
• 51 A. 586
• 1902 Pa. LEXIS 459

Syllabus

<p>Foreign attachment — Cause of action — Tort—Unliquidated damages— Innkeeper — Loss of baggage.</p> <p>A foreign attachment will be dissolved where the affidavit of cause of action alleges that the defendant operated, controlled and managed a public hotel in the state of Virginia at which plaintiff was a guest; that not regarding its duties as such hotel or innkeeper, it did not keep plaintiff’s jewelry and wearing apparel safely and without loss to plaintiff, but on the contrary defendant and its servants so negligently and carelessly behaved and conducted themselves that the hotel caught fire and the jewelry and wearing apparel was wholly destroyed. In such a case the cause of action is based on a tort, and the claim is for unliquidated damages, and not for a “ sum of money due by certain and express agreement.”</p>