INNKEEPER. The keeper of a com mon inn for the lodging and entertainment of travellers and passengers, their horses and attendants, for a reasonable compensation. Bacon, Abr. Inns, etc. ; Story, Bailm. 475. But one who entertains strangers occasion ally, although he may receive compensation for it, is not an innkeeper. 2 Der. & B. No.
C. 424; 7 Ga. 296; 1 Morr. Tenn. 184. See GUEST ; BOASDER.
He is bound to take in and receive all travellers and wayfaring persons, and to entertain them, if he can accommodate them, for a reasonable compensation, 5 Term, 274; 3 Barnew. & Ald. 285 ; 1 Carr. & K. 404 ; 7 Carr. & P. 213 ; 4 Exch. 367 ; and lie must guard their goods with proper diligence. He is liable only for the goods which are brought within the inn. 8 Coke, 32 ; Jones, Bailm. 91. A delivery of the goods into the personal custody of the innkeeper is not, however, necessary in order to make him responsible ; for, although he may not know any thing of such goods, he is bound to pay for them if they are stolen or carried away, even by an unknown person, 8 Coke, .32,; 1 Hayw. No. C. 41.; 14 Johns. N. Y. 175 ; 23 Wend. N. Y. 642 ; 5 Barb. N. Y. 560; 7 Cush. Mass. 114.; see 25 Eng. L. A Eq. 91 ; 27 Miss. 668; 1 Bell, Comm. 469; and if be receive the guest, the custody of the goods may be considered as an accessory to the principal contract, and the money paid for Elie apartments as extending to the care of the box and portmanteau. Jones, Bailm. 94; Story, Bailm. 470 ; 1 Blackstone, Comm. 430; 2 Kent, Comm. 458-463. The liability of an innkeeper is the same in character and extent with that of a common carrier. 9 Pick. Mass. 280; 7 Cush. Mass. 417 ; 9 Humphr, Tenn. 746 ; 1 Cal. 221 ; 8 Barnew. & C. 9 ; 31 Me. 478: 8 Blackf. Ind. 535. See 5 Q. B. 164 ; 23 Vt. 177; 26 id. 317 ; 14 Ill. 129. He is responsible for the acts of his domestics and servants, as well as for the acts of his other guests, if the goods are stolen or lost, 7 Cush.
Mass. 417 ; 5 Barb. N. Y. 560; but he is 'not responsible for any tort or injury done by his servants or others to the person of his guest, without his •own co-operation or con sent. 8 Coke, 32. The innkeeper will be ex cnsed whenever the loss has occurred through the fault of the guest. Story, Bailin. 483 ; 4 Maule. & S. 306 ; 1 Stark. 251, n. •' 2 Kent, Comm. 461; 1 Yeates, Penn. 34. He must furnish reasonable accommodations, See 8 Mess. & W. Exch. 269.
The innkeeper is entitled to a just com pensation for his ,care and trouble in taking care of his guest and his property ; and, to enable him to obtain this, the law invests him with some peculiar privileges, giving him a lien upon the goods brought into the inn by the guest, and, it has been said, neon the person of his guest, for his compensation, 3 Barnew. & Ald. 287; 8 Mod. 172: 1 Show. 270; see 7 Carr. & P. 67; 3 Hill, N. Y. 485; 1 Rich. So. C. 213; 26 Vt. 335 ; 3 Mees. & W. Exch. 248 ; Bacon, Abr. Inns, etc. (D); and this though the goods belong to a third person, if he was ignorant of the fact. 3 Stark. 172 ; 12 Q. B. 197; 7 Carr. & P. 208 ; 11 Barb. N. Y. 41. As to detaining the horse of a guest, see 25 Wand. N. Y. 654 ; 9 Pick. Mass. 280. The landlord may also bring an action for the recovery of his compensation.
See, generally, 1 Viner, Abr. 224; 14 id. 436; Bacon, Abr. ; Yclv. 67 a, 162 2 Kent, Comm. 458 ; Ayliffe, Pend. 266.
An innkeeper in a town through which lines of stages pass has no right to exclude the driver of one of these lines from his yard and the common public rooms where travel lers are usually placed, who comes there at proper hours, and in a proper manner, to solicit passengers for his coach and without doing any injury to the innkeeper. 8 N. H. 523.