innkeepe

INNKEEPER. He is defined to be the keeper of a common inn for the lodging 
and entertainment of travellers and passengers, their horses and attendants, 
for a reasonable compensation. Bac. Ab. Inns, &c.; Story, Bailm. Sec. 475. 
But one who entertains strangers occasionally, although he may receive 
compensation for it, is not an innkeeper. 2 Dev. & Bat. 424. 
     2. His duties will be first considered and, secondly, his rights. 
     3.-1. He is bound to take in and receive all travellers and wayfaring 
persons, and to entertain them, if he can accommodate them, for a reasonable 
compensation; and he must guard their goods with proper diligence. He is 
liable only for the goods which are brought within the inn. 8 Co. 32; Jones' 
Bailm. 91. A delivery of the goods into the custody of the innkeeper is not, 
however, necessary, in order to make him responsible; for although he may 
not know anything of such goods, he is bound to pay for them if they are 
stolen or carried away, even by an unknown person; 8 Co. 32; Hayw. N. C. R. 
41; 14 John. R. 175; 1 Bell's Com. 469; and if he receive the guest, the 
custody of the goods may be considered as an* accessory to the principal 
contract; and the money paid for the apartments as extending to the care of 
the box and portmanteau. Jones' Bailm. 94; Story, Bailm. Sec. 470; 1 Bl. 
Com. 430; 2 Kent, Com. 458 to 463. The degree of care which the innkeeper is 
bound to take is uncommon care, and he will be liable for a slight 
negligence. He is responsible for the acts of his domestics and servants, as 
well as for the acts of his other guests, if the goods are stolen or lost; 
but he is not responsible for any tort or injury done by his servants or 
others, to the, person of his guest, without his own cooperation or consent. 
8 Co. 32. The innkeeper will be excused whenever the loss has occurred 
through the fault of the guest. Story, Bailm. Sec. 483: 4 M. & S. 306; S. C. 
1 Stark. R. 251, note 2 Kent, Com. 461; 1 Yeates' R. 34. 
     4.-2. The innkeeper is entitled to a just compensation for his care 
and trouble in taking care of his guest and his property; and to enable him 
to obtain this, the law invests him with some peculiar privileges, giving 
him alien upon the goods, of the guest, brought into the inn, and, it is 
said, upon the person of his guest, for his compensation. 3 B. & Ald. 287; 8 
Mod. 172; 1 Shower, Rep. 270; Bac. Ab. Inns, &c., D. But the horse of the 
guest can be detained only for his own keeping, and not for the boarding and 
personal expenses of the guest. Bac. Ab. h. t. The landlord may also bring 
an action for the recovery of his compensation. 
     Vide, generally, 1 Vin. Ab. 224; 14 Vin. Ab. 436; Bac. Ab. h. t.; Yelv. 
67, a, 162, a; 2 Kent, Com. 458; Ayl. Pand. 266; 9 Pick. 280; 21 Wend. 285; 
1 Yeates, 35: Oliph. on the Law of Horses, 125; Bouv. Inst. Index, h. t.