Shifflette v. Lilly

• Decision Date: 10 June 1947
• Docket Number: (CC 723)
• Citation: 130 W.Va. 297
• Parties: Gill C. Shifflette, et al. v. Mary E. Lilly, et al.
• Court: West Virginia Supreme Court

130 W.Va. 297

Gill C. Shifflette, et al.

v.Mary E. Lilly, et al.

(CC 723)

Supreme Court of Appeals of West Virginia.

Submitted April 23, 1947.

Decided June 10, 1947.

Innkeepers

Notwithstanding Code, 16-6-22, the common law doctrine of liability of an innkeeper for loss of or damage to the property of a guest, or for injury to his person, remains in force, and applies to the keeper of a hotel or restaurant in this State; and said statute, properly construed, relieves from, or limits, the right of recovery of a guest, only where such innkeeper, hotel or restaurant keeper affirmatively shows that he has met the requirements of said statute.

Certified from Circuit Court, Kanawha County.

Suit in trespass on the case by Gill C. Shifflette and another against Mary E. Lilly and others, to recover for loss of goods and chattels taken from room occupied by plaintiffs while guests in hotel operated by defendants. Defendants' demurrer to first count in the declaration was sustained, and trial court, upon its own motion, certified its ruling to Supreme Court of Appeals.

Reversed and remanded.

J. Campbell Palmer, III, and J. Henry Francis, Jr., for plaintiffs.

A. A. Lilly and R. G. Lilly, for defendants.

Fox, President:

The single question presented on this certification from the Circuit Court of Kanawha County is the nature and extent of the liability of an innkeeper, designated in our statute as "hotel keeper," for loss of goods and chattels taken and carried away from the room of a guest; and, specifically, to what extent, if any, Code, 16-6-22, changes the common law liability for such loss.

From the declaration in trespass on the case, filed herein at May rules, 1946, it appears that defendants kept a hotel or inn in the City of Charleston, and that on or about the 10th day of September, 1945, plaintiffs were accepted as guests, and assigned to a room in such inn or hotel. Plaintiffs took to their said room certain described wearing apparel of a value alleged to be in excess of five hundred dollars, which was afterwards, and while plaintiffs continued as such guests, taken and carried away by some person or persons to the plaintiffs unknown, and then was and still is wholly lost to them.

The declaration is in two counts, and while only one of said counts is now under attack, it is considered advisable to refer to the declaration as a whole, in order to illustrate fully the situation here presented. The first count is based on the common law liability of an innkeeper, and does nothing more than allege the relation of innkeeper and guest, the duty of the innkeeper "to insure and keep safely without diminution or loss, the said goods and chattels of said plaintiffs," and the loss of said goods and chattels, with a description of the character and value thereof. The second count alleges the same facts as those contained in the first count, except that there is added to the averment of the duty of an innkeeper the further allegation that said duty required him "to exercise due care and diligence in providing honest servants and employees and to take every reasonable precaution to protect said goods and chattels of the said plaintiffs," and the violation of said alleged duties.

The defendants interposed their demurrer to the first count in the said declaration, and the grounds therefor are alleged to be:

(1) The plaintiffs erroneously set out and charge the defendants with the common law liability of innkeeper, whereas the liability, if any, of defendants is governed by statute,-Code, 16-6-22; (2) the plaintiffs erroneously charge a breach by defendants of the common law liability of innkeepers; (3) the alleged damages sustained by plaintiffs are allegedly based on the common law liability of innkeepers, whereas the liability, if any, of the defendants is governed by statute, Code, 16-6-22.

The record does not disclose just when the demurrer was filed, but a hearing thereon was had on December 9, 1946. The trial court sustained said demurrer, and, upon its own motion, certified its ruling to this Court. The questions certified are:

"(1) Has the common law rule that an innkeeper is liable as an insurer for loss of the property of his guest been abrogated and removed as the law in this State by the enactment of Section 22, Article 6, Chapter 16, Code of 1943; (2) under Section 22, Article 6, Chapter 16, Code of 1943, properly construed, is the negligence of the hotel keeper an essential element in an action brought by the hotel keeper's guest for the recovery of damages resulting from the loss of wearing apparel, baggage, and other property, excepting valuables, while a guest at the hotel; (3) where a loss of wearing apparel, baggage, or other property of the guest, excepting valuables, is occasioned by the negligence of the hotel keeper, does Section 22, Article 6, Chapter 16, Code of 1943, properly construed, limit the amount of damages which the guest may recover for such negligence to Two Hundred and Fifty Dollars ($250.00), where the loss takes place from the room or rooms occupied by the guest; and (4) if Question No. 3 is answered in the affirmative, is such statute constitutional?"

It seems to be conceded that prior to the enactment of Chapter 48, Acts of the Legislature, 1899, the liability of an innkeeper for the loss of property of a guest, while the relationship of innkeeper and guest continued, was, in effect, absolute. This strict rule of liability had its origin at a very early date, there being decisions in England supporting the doctrine as early as 1368. Some of the reasons advanced for the doctrine are interesting. In Aria v. Bridge House Hotel, 16 B. R. C. 538, decided in 1927, it is stated: "The law has been framed for hundreds of years that the innkeeper is liable for the safe custody of goods which come into his hands on his premises which are goods belonging to the guest and the reason of the rule is obvious. In the old days when inns were remote from the towns, and when highwaymen were rampant, it was not an uncommon thing for highwaymen and innkeepers to be in league together, and it was realized at a very early stage in our existence that the only safe thing for the general public was that the innkeeper should be responsible for the safety of his guest and his guest's goods. That law still remains. There are exceptions which have been made, notably by the Innkeepers Act 1863." Probably most of the original reasons for the rule no longer exist; but, in the absence of statute requiring departure therefrom, it is still the law. For a further discussion of the common law doctrine see 2 Kent's Commentaries, 592-594; 2 Street's Foundations of Legal Liability, 294; Beale on Innkeepers and Hotels, 126.

On this foundation of ancient authority, the question was presented to this Court in the case of Cunningham v. Bucky, 42 W. Va. 671, 26 S. E. 442. In that case, decided in 1896, an intoxicated guest was robbed of a considerable sum of money, probably by a porter, and possibly by a member of the innkeeper's family. The guest had taken no precaution to protect himself against loss, and had made his possession of money conspicuous. Notwithstanding this, the owner of the hotel was held liable for the loss, and it was stated: "An inn or hotel keeper is a guarantor for the good conduct of all members of his household, including those engaged in his service, and is liable for thefts committed by them of the property of his guests while asleep in rooms assigned to them." And "The fact that the guest is intoxicated or his door is unlocked will not destroy the landlord's liability for the acts of his servants." As sustaining this holding, see Shultz v. Wall, 19 A. 742 (Pa.); Rains v. Maxwell House Co., 79 S. W. 114 (Tenn.); Burbank v. Chapin, 2 N. E. 934 (Mass.); Abercrombie v. Edwards, 161 P. 1084 (Okla.); Featherstone v. Dessert, 22 P. 2d 1050 (Wash.); Stoll v. Almon C. Judd Co., 138 A. 479 (Conn.); 43 C. J. S. 1153-4; 28 Am. Jur. 585. There is some conflict of authorities as to whether the landlord's liability rests upon negligence or upon the ground of public policy. In 28 Am. Jur. 587, the following discussion on the question appears:

"The strict rule of liability for the loss of or injury to the goods of guests or patrons had its origin at any early period, and is generally justified on the ground of public policy. It is said to have been imposed for several reasons, namely, because it was a good policy to encourage convenient and secure intercourse between different parts of the kingdom; because travelers and strangers must of necessity trust to and confide in the honesty and vigilance of the innkeeper and those in his employ; and because of the innkeeper's opportunity and temptation to collude with evil-disposed persons and afford facilities in purloining the goods of those in his house. Furthermore, of the two, the innkeeper is better able to protect himself against loss, while the guest is practically helpless to ascertain or enforce his rights. It is no more a hardship for an innkeeper than for his guests to sustain a loss, neither party being at fault, especially since the former undertakes a trade with a full knowledge of his liabilities, for he may so regulate his charges as to indemnify himself. Moreover, he has special privileges.

"In modern times, the common-law policy has been assailed as no longer of any force, but the courts have refused to be moved by this argument and have said that admitting that modern innkeepers are generally trustworthy and men of integrity, yet it does not follow that the same favorable state of things would continue under a more lax policy. If a door is opened to fraudulent and dishonest practices, it may be expected that they will soon creep in and prevail, and to prevent new evils from springing up is no less important than to suppress those which already prevail."

In this connection it is also well to note that there seems to be some distinction between the liability...