289. Introduction. In the previous chapters it is set forth that the liability of parties known as bailor and bailee depends upon the benefit derived by the bailee. Three kinds of care were recognized. In the following chapters the liability is classed as extraordinary; that is, few expenses will be accepted in case of loss of the bailor's property while it is in the possession or control of the bailee. Hence it is of great importance to know whether all the elements of these special bailments are present; if an element is lacking, the degree of care changes from extraordinary to ordinary care.

1. An Inn. An inn is a public place for the entertainment of man and beast. It has been defined to be "a public house for entertainment for all who choose to visit it." Doubtless what constitutes an inn might not now answer the requirements of a century ago.

2. Innkeeper Defined. An innkeeper is "one who holds himself out to the public as engaged in the business of keeping a house for the lodging and entertainment of travelers, their horses, and attendants, for a reasonable compensation." In order to establish the responsibility of innkeeper, several conditions must be present: (1) he must make a business of receiving guests; (2) it must be for a regularly established compensation, and (3) the offer of accommodations must be to the general public.

3. Limitations of the Term Innkeeper. It will readily be seen that all who offer entertainment to travelers are not innkeepers. A house that is divided up into apartments, or suites in which heat, light, and janitor service are included, and then rented to families, is not an inn. One keeping a boarding house is not liable as an innkeeper, chiefly because the right to select guests is maintained. Such places are not open to travelers indiscriminately. One who furnishes occasional entertainment is not an innkeeper. Steamship and sleeping car companies are held not to be innkeepers.

4. Guests Defined. A guest is one who offers himself to an innkeeper for accommodation and is accepted as such. Not all who accept and receive accommodations at an inn are guests. A guest is a transient. One who makes a special contract for entertainment is not a guest, nor is one who is invited to dine by an innkeeper. Yet some may accept special rates and still retain the standing of a guest. In the same establishment some of those accommodated may be classed as guests and some as boardThe relationship of innkeeper and guest commences as soon as an agreement is entered into between the parties. The acceptance of a guest may be implied as well as from express agreement.

ers.

290. Rights and Liabilities of Innkeepers. 1. Duty. Since an inn is a house for the entertainment of the public, the innkeeper is as a rule in duty bound to accept all guests who offer themselves for entertainment. However, the innkeeper may refuse entertainment to one who is disorderly or suffering from

disease, or one who is not able to pay in advance for the entertainment.

2. Liability. The innkeeper's liability is that of an insurer of goods. This liability is modified in some states by statutory enactments. "When property committed to the custody of an innkeeper by his guest is lost, the presumption is that the innkeeper is liable for it, and he can relieve himself from that liability only by showing that he has used extreme diligence. What facts will excuse him is a question, perhaps, not very well settled, but it is well settled that he cannot excuse himself without showing that he had used extreme care and diligence in relation to the property lost."

3. Property Liability. An innkeeper is liable as an insurer only for such goods and effects of a guest as are reasonably necessary for the latter's comfort and enjoyment during his journey; and for other goods left in his keeping he is held merely as an ordinary bailee.

But

4. Exceptions to Liability. The severity of the liability assumed by innkeepers has induced them to enter into special contracts with guests somewhat limiting their liability, and particularly relating to property not placed under their control. publishing a notice at the head of the register or posting a sign in the room does not release from liability. The notice must be brought to the attention of the guest and his assent be obtained. Some states have, however, enacted statutes to the effect that liability may be lessened by the publishing and posting of notices in various parts of the inn.

5. Lien. In order to properly secure the innkeeper for his charges, he is given the right of lien. He may retain possession of a guest's baggage until payment is made. Under the common law this was simply the right to hold; statutory law, however, gives him the right to sell, deduct charges, and turn the balance over, if any, to the delinquent guest.

6. Termination of Relationship. Ordinarily, the relation ceases when the guest departs. However, it may continue in relation to a guest's goods for a reasonable time after the guest

leaves. After the expiration of a reasonable time, the innkeeper is held only as an ordinary bailee. Such goods may be sold subsequently for storage charges.

The liability of innkeepers and common carriers is classed as extraordinary.

An inn is a public place for the entertainment of man and beast. An innkeeper is one who holds himself out to the public as furnishing lodging and entertainment for guest, servant, and horses. To be an innkeeper he must make a business of it, for regular compensation, and offer his accommodation to the general public alike.

One who rents out apartments or flats, furnishing certain service with them, is not an innkeeper. A boarding-house keeper is not an innkeeper, since he may select his guests.

Steamship and sleeping car companies are not innkeepers.

A guest is one who presents himself to an inn keeper for accommodations and is accepted. A guest is a transient.

The same establishment may contain both guests and boarders, owing to different conditions as applied to different individuals.

The innkeeper must accept all who present themselves in proper condition and who are able to pay, except as before stated. He is liable as an insurer of the goods of his guest which are necessary for the latter's comfort and enjoyment during his journey, but as to other goods he is an ordinary bailee.

The landlord may restrict his liability in regard to those goods not for the immediate use of the guest by directing that the guest put them in his safekeeping. The landlord retains possession of baggage until payment is made.

Under ordinary circumstances liability terminates when the guest de

parts.

292. QUESTIONS

Define innkeeper. What is an inn? Distinguish between a boardinghouse keeper and an innkeeper. Distinguish between a guest and a boarder. What is the duty of an innkeeper? His liability? What is his liability as to the property of a guest? How may the innkeeper limit his liability? Explain the innkeeper's right of lien.

293. Nature of Business. Common carriers are engaged in the transportation for hire of goods for the general public from one place to another. The great railroad systems of the country present a splendid illustration of common carriers. The business is of a public nature and as such is governed by general laws. The Interstate Commerce Commission exercises supervision over freight rates between different states, and the general law of bailments is applicable to the relationship of parties, and,