Jones against Tyler
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1834 |
| Date | 26 May 1834 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 1307
IN THE COURT OF KING'S BENCH
S. C. 3 N. & M. 576; 3 L. J. K. B. 166.
jones against tyler. Monday, May 26th, 1834. An innkeeper on a fair day, upon being asked by a traveller, then driving a gig of which he was owner, "whether he had room for the horse?" put the horse into the stable of the inn, received the traveller with some goods into the inn, and placed the gig in the open street, without the inn yard, where he was accustomed to place the carriages of his guests on fair days. The gig having been stolen from thence, held, that the innkeeper was answerable. [S. C. 3 N. & M. 576; 3 L. J. K. B. 166.] Case. The declaration, after alleging the custom of the realm as to innkeepers, averred, that the defendant being an innkeeper, the plaintiff put up at and was received into the defendant's inn as a traveller by the defendant, and brought into the inn a certain gig containing certain goods and chattels, which said gig and its contents were then and from thence, until and at the time of the loss thereafter mentioned, within the said inn, and that the plaintiff during all that time abided as a traveller therein, yet that defendant did not keep the gig and its contents safely and without diminution or loss, but on the contrary thereof the said defendant and his servants so negligently and carelessly behaved and conducted themselves in that behalf, that the gig and its contents were, by and through the mere carelessness, &e. of the defendant and his servants in that behalf, wrongfully taken and carried away by some person or persons to the plaintiff unknown, and were thereby wholly lost to the plaintiff. Plea, not guilty. On the trial at the Worcester Summer Assizes 1833, before Gurney B., it was proved that the defendant was an innkeeper at Wribbenhall, near Bewdley, and that the plaintiff drove his gig to the defendant's inn on [523] Bewdley fair day. The plaintiff asked whether there was room for his horse, upon which the ostler of the defendant took the horse out of the gig, and put him into a stable, and the plaintiff carried his coat and whip from the gig into the house, and took some refreshment there. The ostler placed the gig outside of the inn yard, in a part of the open street, in which the defendant was in the habit of placing the carriages of his guests on fair days. The gig was stolen from thence. The jury, under the direction of the learned Judge, found a verdict for the plaintiff, leave...
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Trawley against Crawley
...must receive the goods of the gueat, and keep them safely. He is answerable for the safe custody of his guest's carriage; Jones v. Tyler (1 A. & E. 522). His liability is not confined to the guest's own goods; fleedle v. Morris(d), Robinson v. Waller (1 Boll. Rep. 499; 3 Bulstr. 269), Yorke......