LOST LUGGAGE

Dominion, Volume 14, Issue 68, 14 December 1920, Page 9

LOST LUGGAGE

LIABILITY OF HOTEL LICENSEE. Reserved judgment was delivered by Mr. W. G. -Riddell, S.M.. yesterday in the case Oi T. ,T. \V. Evans'(Mr. T. Young) against Annio Sullivan (Mr. H. P. O'Leary), licensee of the l'ier Hotel, o claim for .£95 175., the value of certain luggage and contents belonging to plaintiff stolen from defendant's hotel, while plaintiff was n .guest at' the .hotel. Oil May 19 the lilaihtiff and two friends went to the I'ier Hotel and were all accommodated iii room 16.. Tho two friends left the hotel the n6xt day, and plaintiff , remained solo occupant for a' day or two, when two seafaring men wefe put into tho room with hi in. They stayed onn night and left without.lanythinj of note happening. The plaintiff continued in occupation unti'- -May 24, andVn the morning of that day- loft the hotel to attend to business. On returning to the hotel at 4.30 p.m. ho found that the greater part of his baggage, together with an overcoat and suit of clothes, had disappeared. It was admitted that the plaintiff was a, guest at the hotcL on the date when his goods woro stolen, and that ho did not deposit ilfem expressly for safe custody with the licensee. The Magistrate in his judgment said: "Tho onus of proving neglcct on tho p!Tt of tho defendant lies on tho plaintiff, and in the present ease he says (hat the act of putting three persons in one room, tho failure to provide a key, and allowing tho plaintiff's goods to be removed from the hotel without authority, are acts showing neglect on tho part, of the licensee. Ho did not aslc for a, key, or require tho defendant to tako chargo of his valuables. The defendant says that tho plaintiff' might hnvo had a koy had ho wanted «no, .and under tho . circumstances detailed I doubt very much if tho facts Tirnrn which tho plaintiff relics prove nejligencd on the part of tho licensee." % Tho Magistrate h<?ld that tho plaintiff had not proved the defendant's liability for more than the amount fixed by flho Btatnte. Judgment was therefore given for plaintiff tor J!M. and costs X 7 Is.

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