“Take that box of matches,” said Mrs. Lawyer. “We may want them when off picnicking.”
“We had better not. They are left there for the purpose of lighting cigars, and can only be taken in a limited manner. Taking them by the boxful would be larceny, if the intent is felonious,”[264] I returned.
“What a terrible place for a fire!” suggested my wife.
“Yes,” I replied. “No fire would have the slightest chance here. What with the huge reservoir supplied by artesian wells, the seven tanks on the roof, the three large steam fire-pumps, the watchmen going their constant rounds, and the thermostats in every room in the hotel, (which, when the temperature is raised to 120°, cause a bell to be rung continuously in the office, and show the number of the room affected in the annunciator) a spark could scarce develop itself into a blaze before its discovery.”
“Well, but,” urged Mrs. Sawyer, “suppose, notwithstanding these precautions, a fire did take place, and our baggage was destroyed, would the landlord have to pay for it?”
“I can only say, my dear, that on the other side of the continent, in the State of Vermont, where a man sued to recover the value of a span of horses, a set of double harness, two horse-blankets, and two halters, it was decided by the court that an hotel-keeper is not liable for property lost by fire where the conflagration is occasioned by unavoidable casualty or superior force, without any negligence on his part or that of his servants.[265] An English decision tends in the same direction;[266] and in Michigan it was held that he was not liable for the horses and wagons of a guest, burned in a barn, without his negligence.[267] But the English decision has been questioned both here and there,[268] and in New York it was considered that the liability of a publican extended to the loss of goods by fire, (though the cause of it was unknown) provided that the guest is free from all blame in the matter.[269] In that State they have a law exempting landlords from liability for the loss by fire of a guest’s goods in a barn or outhouse, if it is shown that the damage is the work of an incendiary, and occurred without negligence on their part; but the burden of proving this is, of course, upon the innkeeper,[270] and my own humble opinion is that an innkeeper is liable for all such losses unless they are caused by a public enemy, or an act of God, (lightning, or an earthquake) or the owner has been negligent.”[271]
* * * * * *
“Heigh-ho!” sighed my wife, as, exhausted with her long tramp through the mammoth house, she sank into a luxurious arm-chair on our return to our own apartment, preparatory to an excursion through the city. “Look at that horrid little thing!” she exclaimed the next instant, and starting up with enough vehemence to frighten a lion, she scared away a little mouse that had been nibbling at her reticule. “The little wretch! see how it has spoilt my nice new satchel! It must have been the cakes inside. Can I make the landlord give me a new one?” she avariciously added.
“Humph! I wish that some one had asked me that question who could afford to pay me for a carefully considered opinion,” I replied.
“Why can’t you tell me?”