Form No. 685. For hire of furniture, with damages for ill-usage 1300 § 329. COMPLAINTS [OR PETITIONS]. FORM No. 684-For hire of personal property. [Title of court and cause.] .... The plaintiff complains of the defendant, and alleges: 1. That between the , 19 day of 1301 19 and the day of the defendant hired from the plaintiff [horses, carriages, etc.], for which he promised to pay the plaintiff, on account thereof, the sum of $ on the day of 19 2. That said sum has not been paid, nor any part thereof. [Concluding part.] FORM No. 685-Hire of furniture, with damages for ill-usage. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: hired from the plaintiff [state what], the property of the plaintiff, for months then next ensuing, for the use of which he promised to pay at the rate of $ per month, and agreed to return the same in good condition to the plaintiff at the expiration of said time, reasonable wear and tear excepted. 2. That said amount has not been paid, nor any part thereof. For a second cause of action: 1. That the value of the property so hired by the defendant as aforesaid was $ 2. That the defendant did not use said property in a reasonable manner, nor take due care of the same; that by his negligence and ill-use the same has become defaced and injured beyond the reasonable wear and tear thereof, and was returned to the plaintiff in said damaged condition, to the plaintiff's further damage in the sum of $ 3. [Same as paragraph 2, preceding form.] [Concluding part.] FORM No. 686-For hire of piano-forte. [Title of court and cause.] The plaintiff complains of the defendant, and for cause of action alleges: 1. That on the day of 19 at the defendant hired from the plaintiff one piano-forte, the property of the plaintiff, for the term of months then next ensuing, to be returned to this plaintiff at the expiration of said time in good condition, reasonable wear excepted; that for the use of the same, defendant promised to pay plaintiff a reasonable sum [or state an amount agreed upon]. 2. That $ is a reasonable sum for the hire of the same, which sum, on the day of to the plaintiff. 19 became due from the defendant 3. [Same as paragraph 2, form No. 684.] [Concluding part.] §330. Code provisions CHAPTER XCII. Hotelkeepers or Innkeepers. § 331. Complaints [or petitions] Form No. 687. Against an innkeeper, for loss of baggage...... money Page 1301 1308 1308 Form No. 689. Against innkeeper, for refusal to receive and Form No. 690. By innkeeper, for board and lodging. Form No. 691. Defense that plaintiff was not a guest..... §330. CODE PROVISIONS. Innkeeper's liability. 1310 California, § 1859. The liability of an innkeeper, hotelkeeper, boarding-house and lodging-house keeper, for losses of or injuries to personal property, other than money, placed by his guests, boarders, or lodgers under his care, is that of a depositary for hire; provided, however, that in no case shall such liability exceed the sum Jury's Pl.-83. of one hundred dollars for each trunk and its contents, fifty dollars for each valise or traveling-bag and contents, and ten dollars for each box, bundle, or package and contents, so placed under his care, unless he shall have consented in writing with the owner thereof to assume a greater liability. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown; b Colorado, Rev. Stats. 1908, §§ 3011, d Missouri, Ann. Stats. 1906, § 7579. Nebraska, Comp. Stats. Ann. 1909, & North Dakota, Rev. Codes 1905, a Arizona, Rev. Stats. 1901, ¶ 2919. 3014. clowa, Ann. Codes 1897, § 3138. • Montana, Rev. Codes 1907, § 5164. § 3766; Ann. Stats. (Cobbey), § 6390. § 5476. h Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2853; Comp. Laws 1909 (Snyder), § 3014. i South Dakota, Rev. Codes 1903, C. C. § 1381. Wisconsin, Stats. 1898 (San. & Ber. Ann.), § 1726. a Arizona, ¶ 2919. An innkeeper is liable for all losses of, or injuries to, personal property placed or left by his guests under his care; unless occasioned by an irresistible, superhuman cause, by a public enemy, by the negligence of the owner, or by the act of some one whom he brought into the inn. b1 Colorado, § 3011. The landlord or keeper of any hotel or public inn shall not be liable for the loss of any article or articles left by any guest or patron in any room or rooms assigned to or occupied by such guest or patron, in any event, greater than the sum of two hundred (200) dollars for all articles which may be lost by said guest or patron, except by an agreement in writing made by the landlord or keeper of such hotel or public inn, or person in charge of the office, assuming a greater liability. b2 Colorado, § 3014. None of the provisions of this act shall be construed so as in any event to render the landlord or keeper of a hotel or public inn in this state liable in a greater sum than the actual loss or damage sustained. c lowa, § 3138. Keepers of hotels, inns and eating-houses and steamboat owners, who shall provide and keep therein a good and sufficient vault or safe for the deposit of money, jewels and other valuables, and shall provide a safe and commodious place for the baggage, clothing and other property belonging to their guests and patrons, and keep posted up in a conspicuous place in the office or other public room, and in the guests' apartments therein, printed no tices, stating that such places for safe deposit are provided for the use and accommodation of the inmates thereof, shall not be liable for the loss of any money, jewels, valuables, baggage or other property not deposited with them, unless such loss shall occur through the fault or negligence of such landlord or keeper, or steamboat owner, his agent, servant or employee, but nothing herein contained shall apply to such reasonable amount of money, nor to such jewels, baggage, valuables or other property as is usual, fit and proper for any such guests to have and retain in their apartments or about their persons. Hotel, inn, rooming-house or eating-house keepers shall have a lien upon, and may take and retain possession of, all baggage and other property belonging to or under the control of their guests or patrons, which may be in such hotel. inn, rooming-house or eating-house, for the value of their accommodations and keep, and for all money paid for or advanced to, and for such extras and other things as shall be furnished, such guest or patron, and such property so retained shall not be exempt from attachment or execution to the amount of the reasonable charges of such hotel, inn, roominghouse or eating-house keeper, against such guest or patron, and the costs of enforcing the lien thereon. (Sup. 1907 as amended Mch. 12, 1909, Laws 1909, p. 185.) d Missouri, § 7579. No innkeeper in this state shall be liable for the loss of any baggage or other property of a guest, caused by fire not intentionally produced by the innkeeper or his servants, nor shall he be liable for the loss of any merchandise for sale or sample belonging to a guest, unless the guest shall have given written notice of having such merchandise for sale or sample in his possession after entering the inn, nor shall the innkeeper be compelled to receive such guest with merchandise for sale or sample; but innkeepers shall be liable for the losses of their guests, caused by the theft of such innkeeper or his servants, anything herein to the contrary notwithstanding. e Montana, § 5164, substantially same as Arizona 2919, except in line 3, after "placed" omit "or left" before "by his guests." f Nebraska, § 3766. The liability of the keeper of any inn or hotel, whether individual, partnership, or corporation, for loss of or injury to personal property placed by his guests under his care, other than that described in the preceding section, shall be that of a depositary for hire; provided, however, that in no case shall such liability exceed the sum of one hundred and fifty dollars for each trunk and its contents, fifty dollars for each valise and its contents, and ten dollars for each box, bundle, or package, and contents, so placed under his care, all other miscellaneous effects including wearing apparel and personal belongings, fifty dollars, unless he shall have consented in writing with such guest to assume a greater liability. And provided further whenever any person shall suffer his baggage or property to remain in any inn or hotel, after leaving the same as a guest, and after the relation of innkeeper and guest between such guest and the proprietor of such inn or hotel has ceased, or shall forward the same to such inn or hotel before becoming a guest thereof and the same shall be received into such inn or hotel such innkeeper may at his option hold such baggage or property at the risk of such owner. g North Dakota, § 5476, substantially same as Montana § 5164, except, at the opening after "innkeeper" insert "or keeper of a boarding house" before "is liable"; also in line 2 after "guests" insert "or boarders"; also at the end after "inn" add "or boarding-house." h Oklahoma, § 2853. Any innkeeper or keeper of a boarding-house is liable for all losses of, or injuries to, personal property placed by his guests or boarders under his care, unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of some one whom he brought into the inn or boardinghouse, and upon such property the innkeeper or keeper of a boarding-house has a lien and a right of detention for the payment of such amount as may be due him for lodging, fare, boarding, or other necessaries by such guest or boarder; and the said lien may be enforced by a sale of the property in the prescribed for the sale of manner pledged property. 1 South Dakota, C. C. § 1381, substantially same as Oklahoma § 2853, except at the end after "property" add "or by the Code of Civil Procedure.” J Wisconsin, § 1726. No innkeeper shall be liable for the loss of any baggage or other property of his guest caused by fire, not intentional, produced by the innkeeper or any of his servants; but every innkeeper shall be liable for any loss of any guest in his inn caused by theft or gross negligence of such innkeeper or any of his servants. Limiting of liability. California, § 1860. If an innkeeper, hotelkeeper, boarding-house or lodging-house keeper, keeps a fire-proof safe, and gives notice to a guest, boarder, or lodger, either personally or by putting up a printed notice in a prominent place in the office or the room occupied by the guest, boarder, or lodger, that he keeps such a safe and will not be liable for money, jewelry, documents, or other articles of unusual value and small compass, unless placed therein, he is not liable, except so far as his own acts shall contribute thereto, for any loss of or injury to such articles, if not deposited with him to be placed therein, nor in any case more than the sum of two hundred and fifty dollars for any or all such property of any individual guest, boarder, or lodger, unless he shall have given a receipt in writing therefor to such guest, boarder, or lodger. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: Arizona, Rev. Stats. 1901, ¶ 2920. b Colorado, Rev. Stats. 1908, C. C. P. § 3007. clowa, Ann. Code 1897, § 3138. d Minnesota, Rev. Laws 1905, § 2810. • Missouri, Ann. Stats. 1906, § 7578. f Montana, Rev. Codes 1907, § 5165. & Nebraska, Comp. Stats. Ann. 1909, §§ 3764, 3765; Ann. Stats. (Cobbey), §§ 6388, 6389. h North Dakota, Rev. Codes 1905, § 5477. 1 Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2854; Comp. Laws 1909 (Snyder), § 3015. 1 South Dakota, Rev. Codes 1903, C. C. § 1383. k Washington, Code 1910 (Rem. & Bal.), § 1203. I Wisconsin, Stats. 1898 (San. & Ber. Ann.), § 1725. m Wyoming, Rev. Stats. 1899, § 2514. a Arizona, ¶ 2920. If an innkeeper keeps a fire-proof safe, and gives notice to a guest, either personally or by putting up a printed notice in a prominent place in the room occupied by the guest, that he keeps such a safe and will not be liable for money, jewelry, documents or other articles of unusual value and of small compass, unless placed therein, he is not liable, except so far as his own acts contribute thereto, for any loss of or any injury to such articles if not deposited with him and not required by the guest for present use. tained by such guest or patron by theft or otherwise, unless such guest or patron shall deliver such money, jewelry, ornaments or other valuable articles, other than necessary baggage, to the landlord or keeper of such hotel or public inn, or person in charge of the office of such hotel or public inn, for deposit in such safe, vault or other receptacle; provided, that such liability shall not be greater than the amount at the time of deposit declared by the guest or patron to be the value of the article deposited. c lowa, § 3138, see note e to Cal. Civ. Code 1859. every b Colorado, § 3007. Hereafter landlord or keeper of a hotel or public inn in this state, who shall provide in the office of his hotel or inn, or other convenient place, a safe, vault, or other suitable receptacle, for the secure custody of money, jewelry, ornaments or other valuable articles, other than necessary baggage, belonging to the guests or patrons of such hotel or public inn, and shall keep posted in a public and conspicuous place in the office, public room and public parlors of such hotel or public inn, and upon the inside entrance door of every public sleeping-room in such hotel or public inn, a notice printed in English, stating such fact, shall not be liable for the loss of any money, jewelry, ornaments or other valuable articles, other than necessary baggage, sus d Minnesota, § 2810. Whenever the keeper of a hotel shall provide therein an iron safe suitable for the keeping of valuables, and shall keep posted conspicuously in the office and on the inside of the entrance door to every bedroom, and to every parlor and other public room in the building, a notice to the guests that they may leave their money and other valuables with the proprietor for deposit therein, such keeper shall not be liable for the loss, by theft or otherwise, of valuables not so left for deposit, unless the loss occurs through the negligence of such keeper, or of some agent or servant employed by him. Every such proprietor or manager shall provide locks and bolts for all room doors. • Missouri, f $7578. No innkeeper in |
