274. Baggage. A public carrier of passengers may pass reasonable rules and regulations governing the control and amount of personal baggage a passenger is permitted to carry with him. The contract between a passenger and an ordinary public carrier impliedly gives the passenger the right to carry with him on his journey, baggage consisting of articles to be used on his journey. The business of the passenger, his social position, and the purpose of the journey largely determine the question of what articles properly constitute personal baggage. A workingman would not be permitted to claim that jewels and fancy dresses were a part of his personal baggage Such articles would properly constitute the personal baggage of an actress or a society woman.
If the personal baggage is placed in trunks and packages, and placed in the absolute control of the carrier, the latter is liable for their protection as an insurer. If the articles are retained by the passenger, the carrier is liable only as a bailee for hire. That is, the carrier is liable only for ordinary negligence, and is obliged to exercise only ordinary care.
THE SHIPPING DEPARTMENT AT THE PLANT OF THE SAMUEL C. TATUM CO., CINCINNATI, OHIO
A carrier is permitted to charge for excess baggage, and becomes liable as an insurer of such baggage. A carrier is not obliged to carry any baggage not necessary for the convenience or comfort of a passenger, and if attempt is made to carry it as personal baggage, the carrier does not become liable for loss or injury thereto. Sample goods carried by traveling salesmen do not constitute personal baggage. A carrier is not permitted to carry these samples free of charge. If the freight is paid by the salesman, the carrier becomes liable as an insurer.
INNKEEPERS
275. Innkeeper Defined. An innkeeper is a person who keeps a public house for the entertainment, for compensation, of all fit persons who desire to become guests and who are willing to pay the regular price. An innkeeper furnishes both food and lodging to guests. Persons who furnish one or the other, only, are not innkeepers. Innkeepers are classed as exceptional bailees. They are liable as insurers of their guests' baggage entrusted to their care. A boarding-house keeper is not an innkeeper. A restaurant keeper is not an innkeeper.
276. Duties and Liabilities of Innkeeper. Innkeepers are obliged to receive all fit persons who present themselves as guests and who offer the regular price for entertainment. An innkeeper is obliged by reason of his public profession, to keep food and lodging facilities sufficient to meet all reasonably expected demands. Like a carrier of passengers, an innkeeper is not obliged to receive obnoxious persons. After a traveler has been received by an innkeeper for the purpose of obtaining food and lodging, he is a guest. The innkeeper is then obliged to use reasonable care for the protection of the guest. A person who boards at an inn is not a guest, neither is one who rooms at an inn, but does not board there.
An innkeeper is liable as an insurer, for the loss of, or damage to, the goods entrusted to his care by his guest. If the goods are lost or injured without any negligence on the part of the guest himself, and not by an Act of God (see Act of God, chapter on Carriers), or by a public enemy, the innkeeper is liable to the guest. If the goods are retained by the guest, and remain in his possession and control, the innkeeper is not liable as an insurer for their protection, but is obliged to exercise only ordinary care.