Public-domain · open source
OpenJurist

Guest

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A traveller who stays at an inn or tavern with the consent of the keeper.

Bacon, Abr. Inm, C 6; 8 Co. 32; Story, Bailm. § 477.

A traveller or transient comer who puts up at an inn for a lawful purpose to receive its customary lodging and entertainment.

De Lapp v. Van Closter, 136 Mo. App. 475, 118 S. W. 120.

It is not now deemed essential that a person should have come from a distance to constitute him a guest; Curtis v. Murphy, 63 Wis. 6, 22 N. W. 825, 63 Am. Uep. 242; Walling v. Potter, 35 Conn. 183, And if, after taking lodgings at an inn, he leaves his horse there and goes elsewhere to lodge, he Is still to be considered a guest; Mc Daniels v. Robinson, 26 Vt 316, 62 Am. Dec. 574; but not If he merely leaves goods for keeping which the landlord receives no compenaalion; 1 Salk. 388; 3 Ld, Raym. 866; Cro. Jac, 188. And where one leaves his horse with an innkeeper with no intention of stopping at the inn himself, he is not a guest of the inn, and the liability of the landlord is simply that of an ordinary bailee for hire; Ingallsbee v. Wood, 33 N. Y. 577, 88 Am. Dec._4()9. The length of time a man is at an inn makes no difference, whether he stays a day, a week, or a month, or longer, or only for temporary refreshments, so always that, though not strictly tramiens, he retains his character as a traveller; 5 Term 273; Mc- Donald V. Edgerton, 5 Barb. (N. T.) 560. But if a person comes upon a special contract to board at an inn, he is not, in the sense of the law, a guest, but a boarder; Bacon, Abr. Inm, C 5; Story, Bailm. § 477: Wand. Inns 64; but this is a question of fact to be determined by a jury; Magee v. Improvement Co., 98 Cal, 678, 33 Pac. 772, 35 Am. St. Rep. 199. The payment of a stipulated sum per week does not of Itself change the relation of a party from that of a guest to that of a lodger; Berkshire Woollen Co. V. Proctor, 7 Cush. (Mass.) 417; Magee v. Improvement Co., 98 Cal. 678, 33 Pac. 772, 35 Am. St. Rep. 199. The relation exists where one who keeps a house for the entertainment of all who choose to visit it, extends a general invitation to the public to become guests, although the house is situ-. ated on enclosed grounds; Fay v. Improvement Co., 93 Cal. 253, 26 Pac. 1099, 28 Pac. 94.3, 16 L. R. A. 188, 27 Am. St. Rep. 198. See Bailee; Innkeeper; Boarder.