I fell into conversation on the subject of these depredations with a gentleman whom I afterward discovered to be a member of Lincoln’s Inn, a place which bears very little resemblance to our American hotels.
“’Tis very strange,” said Mr. Learned Inthelaw, “how history repeats itself, even in insignificant matters.”
I bowed, and remarked: “A very sensible man once observed that there was nothing new under the sun.”
“He did not live, however, in this our nineteenth century,” was the reply. “But what I was going to say was that there are two cases reported in our English law-books exactly similar to the two occurrences of to-day.”
“That is singular. What were the decisions?”
“In the reticule case,[85] the hotel-keeper was held responsible for the loss; in the other,[86] it was considered that the guest had been guilty of negligence so as to absolve the host. You know that with us it was decided, about the time that Columbus was discovering America, that an innkeeper is liable for the goods of his guests if damaged or stolen while under his care as an innkeeper;[87] and in such cases he is not freed from his grave responsibility by showing that neither himself nor his servants are to blame, but in every event he is liable unless the loss or injury is caused by the act of God, or the queen’s enemies, or the fault, direct or implied, of the guest[88]—and that even though the poor man has not only not been negligent, but has even been diligent in his efforts to save the property of his guest.”[89]
“The rule is the same with us,”[90] I replied, “and it extends to all personal property the guest brings with him, whatever may be the value or the kind.[91] And if the proprietor happens to be absent he is still liable for the conduct of those he has left in charge.[92] Innkeepers, as well as common carriers, are regarded as insurers of the property committed to their care. The law rests on the same principles of policy here as in England and other countries, and is wise and reasonable.”[93]
“But it seems very severe upon innkeepers,” remarked a by-stander.
“Rigorous as the law may seem, my dear sir,” replied my friend of Lincoln’s Inn, “and hard as it may actually be in one or two particular instances, yet it is founded on the great principle of public utility to which all private considerations ought to yield; for travelers, who must be numerous in a rich and commercial country, are obliged to rely almost implicitly on the good faith of innkeepers, whose education and morals are often none of the best, and who might have frequent opportunities for associating with ruffians and pilferers; while the injured guest could seldom or never obtain legal proof of such combinations, or even of their negligence, if no actual fraud had been committed by them.”[94]
“What did the old Roman law say on the subject?” inquired old Dr. Dryasdust, who considered that nothing done or said on the hither side of the Middle Ages was worthy of consideration.