Guest

A traveler who stays at an inn from day to day, for pay, and without a special contract to board for any definite time. If he is invited as a friend by the innkeeper, he is not a "guest" in the technical sense (Bac. Abr. "Inns," c. 5), and, if he stays under a contract for a definite time, he is not a guest, but a boarder (6 Barb. [N. Y.] 560; 26 Ala. [N. S.] 377; 26 Vt. 332). The distinction between a guest and a boarder seems to be this: The guest comes without any bargain for time, remains without one, and may go when he pleases, paying only for the actual entertainment which he receives; and it is not enough to make a boarder, and not a guest, that he has stayed a long time in the inn in this way. 25 Ia. 555.

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.

A traveler who lodges at an inn or tavern with the consent of the keeper. Bac. Abr. “Inns,” C, 5; 8 Coke, 32, A guest, as distinguished from a boarder, is bound for nu stipulated time. He stops at the inn for as short or as long time as he pleases, paying, while he remains, the customary charge. 24 How. Pr. 62.

A traveler, wayfai-er, or a transient comer to an inn for lodging and entertainment. It is not now deemed essential that the person should have come from a distance.'' As inns are instituted for travelers, a neighbor or friend who lodges in an inn is not deemed a guest. A traveler who is accepted becomes instantly a guest. The length of time a man Is at an inn makes no difference; so, although he is not strictly transient, he retains his character as a traveler. He may, by special contract to board and sojourn, malce himself a "boarder." Numerous late cases hold that a special agreement as to time and price does not absolutely disturb the relationship of innkeeper and guest. These cases indicate a tendency to conform the old rule to the changes made in hotel keeping in modern times.* See further Boarder; Inn, 1; Lodger; Residence.