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Why Called Exceptional Dailees

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WHY CALLED EXCEPTIONAL DAILEES. In the present chapter we have to con sider certain classes of bailees, who, by reason of the special and peculiar rules of law governing their liabil ity, may be termed exceptional bailees. The policy of the law, as we shall see, varies the measure of their sev eral liabilities without regard to the principles which we have seen usually governing in bailments. Thus, the liability of a common carrier is complete, and he is said to be an insurer; the liability of the innkeeper is less extensive, while in the case of government officers there is scarcely any liability at all. Chief among these exceptional bailees are innkeepers, postmasters, and common carriers, whether of personss or goods, also express and telegraph companies. These we shall con sider in their order. AN INNKEEPER DEFINED. Who ever keeps his house open regularly and for reward as a public house, for the lodging, refreshing and enter tainment of travelers, is an innkeeper.

In early times to constitute an innkeeper the person bad to entertain the traveler's horse, as well as himself, but now there may be an inn without the inn-stables. (Pinkerton v. Woodward, 33 Cal. 557.) The requisites of an inn are: a public house, open to all corners (Win termute v. Clarke, 5 Sandf. 247), furnishing lodging and entertainment regularly (Howth v. Franklin, 20 Tex. 798), to travelers, and for reward. (Dickerson v. Rodgers, 4 Humph. 179.)

innkeeper and liability