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76 U. Pa. L. Rev. 272 (1927-1928)
Limited Liability of Innkeepers Under Statutory Regulations

handle is hein.journals/pnlr76 and id is 290 raw text is: January, Xz928 LIMITED LIABILITY OF INNKEEPERS UNDER STATUTORY REGULATIONS SYLVAN . HIRScH EARLY DEVELOPMENT OF THE LAW No other phase of business is more rigorously governed by common law, with the exception of common carriers, than that of innkeepers.' On their business, the law, as developed during the past six centuries, has placed the strictest doctrines of liability and responsibility, so that today, while the reason for the rule is no longer existent, the rule' nevertheless has continued to remain in force and effect It was the conditions of travel and the dangers to which travelers were subjected that originally led to the strict doctrines of liability placed on the innkeeper. In Crapo v. Rockwell,2 Jus- tice Cochrane says: This rigorous' rule had its origin in the feudal conditions which were the outgrowth of the middle ages. Exigencies of travel necessitated long and dangerous journeys over bad roads, through unpopulated and sparsely developed country, and the wayfarer on his journey was constantly exposed to attacks by bandits and brigands. The inns established along the wayside were his only place of refuge and partial protection- I say partial, because the innkeepers themselves were not beyond temptation, having frequent opportunities of associating with the marauders and outlaws, while the injured guest could seldom or never obtain legal proof of such combination.3 In fact, the inn- keeper was looked upon as being nearly as dishonest as the bands of marauders and highwaymen that infested the roads at night. According to Pomponius, in Roman days, the Prator declared his desire of securing the public from the dishonesty of such men, and by his edict, permitted action against them, if the goods of 1'An innkeeper is one who holds himself out to the public as ready to accommodate all comers with the conveniences usually supplied to travelers on their journey. CooLEY, TORTS (2d ed. I888) 757. '48 Misc. I, 94 N. Y. Supp. 1122 (9O5). 'BA.L, INNKEEPERS AND HOTELs (19o6) 126; JONES, BAILMENTS (4th ed. 1833) 95, 96. (272)