coke a CALYES case pasch Elizabeth in the king bench SC Sm l c see oppenheim v  white lion Hotel company Ltd lr c c Threfall v Borwick lr qb qb nugent v smith  c p d Reg v rymer QBD Strauss v county Hotel company Ltd QBD orchard v bush  company Ltd Q b Scarborough v Cosgrove KB if the horse of a guest at a inn be  steal the innkeeper be not liable if the horse be put to pasture at the guest  request otherwise if the innkeeper have put the horse to grass of his own head  if the good of a neighbour who lodge at the inn as a friend at the request of  the innkeeper be steal the innkeeper be not liable if a neighbour who be no  traveller as a friend at the request of the innkeeper lodge there and his good  be steal c he shall not have a action a innkeeper be bind to answer for  himself and for his family for the chamber and stable for they be infra  hospitium it be no excuse for the innkeeper that he deliver the guest the key  of the chamber in which he be lodge and that he leave the chamber door open  although the guest do not deliver his good to the innkeeper to keep nor  acquaint he with they yet if they be carry away or steal the innkeeper be  liable if the guest servant or he who come with he or he who he desire to be  lodge with he steal or carry away his good the innkeeper shall not be charge  the innkeeper require his guest to put his good in such a chamber under lock  and key and then he will warrant they otherwise not the guest let we they lie  in a outer court where they be take away the innkeeper shall not be charge the  innkeeper liability extend to all movable good although of they felony can be  commit as of charter evidence obligation deed specialty c if the guest he beat  in the inn the innkeeper shall not answer for it SC Leon it be resolve per  totan curian this term that if a man come to a common inn a a inn be a house  the owner of which hold out that he will receive all traveller and sojourner  who be Willing to pay a price adequate to the sort of accommodation provide  and who come in a situation in which they be fit to be receive a lodging house  keeper on the other hand make a contract with every man that come whereas a  innkeeper be bind without make any special contract to provide lodging and  entertainment for all at a reasonable price per best I Thompson v Lacy barn  and Ald and Vid Parker v flint Mod SC Cart Mod Lord raym nom Parkhurst v  foster Bac ab inn b a sign be not essential to a inn but it be a evidence of  it Parker v flint Mod if a man put a sign at his door and harbour guest that  shall be deem a common inn and the owner Chargeable as a innkeeper and if  after take down the sign be continue to entertain traveller it shall be deem a  common inn as if he have a sign roll Rep one who live at Epsom and lodge  stranger in the season for drink the water and dress victual for they and sell  beer to his lodger and to none else and find bay for their horse be not a  innkeeper nor can his house be consider as a inn and per holt CJ if one come  to a inn and make a contract for lodging for a set time and do not eat or  drink there he be no guest but a lodger and as such not under the innkeeper  protection but if he eat and drink it be otherwise or if he pay for his diet  there though he do not take it there Parker v flint ub sup a house of public  entertainment in London where bed provision c be furnish for all person pay  for the same but which be mere call a tavern and coffee house and be not  frequent by stage coach and wagon from the country and which have no stable  belong to it be to be consider as a inn and that where the guest do not appear  to have be a traveller but one who have previous reside in furnish lodging in  London Thompson v Lacy b and a in do v lame camp Lord Ellenborough hold that a  coffee house be not a inn within the meaning of a policy of insurance against  fire enumerate the trade of a innkeeper with other as double hazardous a and  deliver his horse to the ostler and require he to put he to pasture which be  coke report b er p do accord and the horse be steal the innholder shall not  answer for it for the word of the writ which lie against the ostler be cum  secundum law et consuetude royal power our men England a Plowd b the register  be false print scilicet distraction pro subtraction f n b a and b book of  entry title hosteler f and keb dyer b a hospitatores who hospitia come lenent  ad hospitand man per part where hujusmodi hospitia to step out to go over et  in the same hospitay less the dawn good et catalla infra hos pitia that to  step out without subtraction seu amissione to watch die et nocle to hold ita  quod pro diminution hujusmodi a lodger seu to be a servant of oneself female  guest hujusmodi damnum non to come out any modus quidam malefactor a certain  horse Self a price S infra hospitium the same b c invention pro diminution  ipsins b to take in hand c vide registr Jol inter short catalog de transgr and  f n b a b by which original writ which be in such case the ground of the  commonlaw all the case concern ostler may be decide for it ought to be a b  roll d dr and Stud b hob b common inn for if a man be lodge with another who  be not a innholder upon request if he be rob in his house by the servant of he  who lodge he or any other he shall not answer for it for the word be hospitar  who come hospitia tenent c and so be the book in c Fitzherbert hosteler Br  action sur Le case c h b d h b Fitzherbert hosteler Br action sur Le case d e  Fitzherbert hosteler Br action sur Le case Br action sur Le statute e h b f Br  action sur Le case Br general brief Fitzherbert hosteler f h a b g Br action  sur Le case palm roll g ass pl h Fitzherbert hosteler Br action sur Le case  Statham action sur Le case h e a Elizabeth I dyer pl post a keb I dyer mark  dyer king dyer pl and keb roll king and the writ need not mention that the  defendant keep common hospitium for coke b the word of the writ in the  register be infra hospitium the same b but it be to be so intend in the writ  for the recital of the writ be hospitatores who communia hospitia tenent c and  the one part ought to agree with the other and the latter word depend on the  other and the plaintiff ought to declare that he keep common hospitium and so  the say a ante a Fitzherbert hosteler Br action sur Le case a book in h b ante  a roll Br action sur Le case Br gentleman brief Fitzherbert hosteler b h a b  Elizabeth dyer c ante a dyer pl post a keb c c be well reconcile the word be  ad hospitand man per part where hujusmodi hospitia to step out to go over et  in the same hospitant by which it appear that common inn be institute for  passenger and wayfare man for the Latin word for a inn be inn because he who  lodge there be quasi diverte see a way and so diversoriolum and therefore if a  d roll e brown d neighbour who be no traveller as a friend at the request of  the innholder lodge there and his good be steal c he shall not have a action  for the writ be ad hospitand man c to go over in the same hospitant c b if a  man hire a chamber for a term Watbroke v Griffiths more or if a person be a  guest but deliver the good on another account roll ab action sur case e the  innkeeper be not Chargeable but if a man leaves his good at a inn and go about  his affair and return the same day the innkeeper be answerable for they  otherwise if he do not return for two or three day but if he leaves a horse  inasmuch as a profit may be derive on account of its keep the innkeeper shall  be answerable notwithstanding the temporary absence of the owner more gelley v  clark cro James drop v their I latch and the person leave the horse will be  entitle to be consider as a guest fork v grindstone salk SC Lord raym bullers  n p if a servant come into a inn and ask to leave his master good till the  next market day and the innkeeper refuse because his house be full of parcel  and the servant sit down and drink as a guest and put the good behind he and  they be lose the innkeeper be liable to the master Bennet v Mellor TR but if a  innkeeper refuse to receive a guest because his house be real full and yet the  party say he will shift for himself if he be rob the innkeeper be discharge  white case dyer b Doct and Stud f n b b coke report a er p the word be the  dawn good et catalla infra hospitia that existential c so that the innholder  by law shall answer for nothing that be out of his inn but only for those  thing which be infra hospitium and because the horse which at the request of  the owner be put to pasture be not infra hog pitium for this reason the  innholder be not bind by law to answer for he if he be steal out of the  pasture for the thing with which the ostler shall be charge ought to be infra  hospitium and therewith agree the book in e roll above in a e Henry a b f ante  a f Henry b g ante a g e a b ass pl where knivet CJ say that the innholder be  bind to answer for himself and for his family of the chamber and stable for  they be infra hospitium and with this resolution in this point agree the  opinion of the justice of assize videlicet the two chief justice Wray and  Anderson in the county of Suffolk in lend vacation Elizabeth that if a h roll  Leon Brownl ante a h innholder lodge a man and his horse and the owner require  the horse to be put to pasture and there he be steal the innholder shall not  answer for he but a roll Leon Brownl a it be hold by they that if the owner do  not require it but the innholder of his own head put his guest horse to grass  he shall answer for he if he be steal c and it be to be observe that this word  ostler be derive ab hostile and a lodger which be use in writ for a innholder  be derive ab hospitality and host be quasi hospitium to strive for coke a the  word be ita quod pro diminution a lodger seu to be a servant of oneself c hos  pitibus hujusmodi damn non to come out c by which it appear that the innholder  shall not be charge unless there be a default in he or his servant in the well  and safe keep and custody of their guest good and chattel within his common  inn for the innkeeper be bind in law to keep they safe without any steal or  purloin and it be no excuse for the innkeeper to say that he deliver the b  more pl pl Brownl b guest the key of the chamber in which he be lodge and that  he leave the chamber door open c a innkeeper be hold not answerable for the  good of his guest which be lose through the negligence of the guest out of a  private room in the inn choose by the guest for the purpose of exhibit to his  customer his good for sale the use of which room be grant by the innkeeper who  at the same time tell the guest that there be a key and that he may lock the  door which he neglect to do and per Dampier I a innkeeper be not discharge by  the offer of a room for lodging the guest with a key to it unless the guest  assent to such offer and be content to take the custody of his own good and  discharge the innkeeper burgess v clement m and S it be no plea for a  innkeeper that at the time his guest good be lose he be sick and insane cross  v Andrews cro Elizabeth the loss of the good be prima fancy evidence of  negligence on the part of the innkeeper yet if circumstance of suspicion arise  the guest must exercise ordinary care per Lord Ellenborough CJ burgess v  clement m and S Vid Bac ab inn c Com dig action against a common carrier c  Farnworth v Packwood I stark n p Jones on bailments c but he ought to keep the  good and chattel of his guest coke report b er p there in safety and therewith  agree h b h a b Edward a and although the guest do not deliver his good to the  innholder to keep nor acquaint he with they yet if they be carry away or steal  the innkeeper shall be charge and therewith agree Edward a and although they  who steal or carry away the good ge unknown yet the innkeeper shall be charge  h two hosteler vide h but if the guest servant or he who c cro Elizabeth c  come with he or he who he desire to be lodge with he steal or carry away his  good the innkeeper shall not be charge for there the fault be in the guest to  have such companion or servant and the word of the writ be pro diminution a  lodger seu to be a servant of oneself vide h b but if the innkeeper appoint  one to lodge with he he shall answer for he as it there appear the innkeeper d  more d require his guest that he will put his good in such a chamber under  lock and key and then he will warrant they otherwise not the guest let we they  lie in a outer court where they be take away the innkeeper shall not vide salk  be charge for the fault be in the guest as it be hold Elizabeth a before a b a  dyer the word be female guest damnum non to come out these word be general and  yet forasmuch as they depend on the precedent word they will produce two  effect videlicet they illustrate the first word they be restrain by they for  the first word be the dawn bonaetcatal infra hospitia that to step out without  subtraction to watch c which word bonaetcatalla by the say word ita quod c  female guest damnum non to come out although they do not of their proper  nature extend to b roll e a b b charter and evidence concern freehold or  inheritance or c die pl roll Yelv c obligation or other deed or specialty be  thing in action yet in this case it be expound by the latter word to extend to  they for by they great damage happen to the guest and therefore if one bring a  bag or chest c of evidence into the inn or obligation deed or other specialty  and by default of the innkeeper they be take away the innkeeper shall answer  for they and the writ shall be bonaetcatalla general and the declaration shall  be special these word good et catalla restrain the latter coke b word to  extend only to movable and therefore by the latter word if the guest he beat  in the inn the innkeeper shall not answer for it for the injury ought to be do  to his movable which he bring with he and by the word of the writ the  innholder ought to keep the good and chattel of his guest and not his person  and yet in such case of battery hospitality damnum it happens but that be  restrain by the former word as have be say and these word aforesaid without  subtraction seu amission extend to all movable good although of they felony  can be commit for the word be not without felonica caption c but without  subtraction which may extend to any movable although of they d Inst e a  Fitzherbert endict Br Coron d felony can be commit as of charter evidence  obligation deed specialty c if a horse be at livery and eat more than he be  worth a action lie against the owner but the horse can be use or sell more but  by the custom of London and Exeter the horse may be sell but see Popham  Robinson v Waller note to former edition vide Jones v pearl strange Warbrooke  v griffin Brownl coke report a er p