AN innkeeper's liex. 117 



allowed the use of it, except upon express agreement. In 

 England, it has been held that an innkeeper is not liable for 

 the loss of a guest's horse, put to grass at the owner's 

 request, unless he is a party to the negligence causing the 

 loss, but it would appear that he is answerable if he have 

 put the horse out to grass without the owner's knoAvledge.(a) 

 The presumption in the case of injury or loss is always 

 against the innkeeper, and in England it is doubtful if any- 

 thing short of actual negligence on the part of the guest can 

 free the innkeeper. (6) 



88. Of an Innkeeper's Lien. — An innkeeper has a lien 

 over horses for their keep,(c) and for his bill for a guest's 

 lodging, (cZ) and also over a vehicle, for standing room and 

 labour bestowed on it, whether it be the property of the 

 guest, or hired by him from a third party.(e) This lien 

 operates even against the true owner of the horse, though it 

 had been stolen by the person Avho brought it to the inn, 

 the lien being strictly confined to the keep of the horse 

 itself. (/) The lien is lost, and does not revive if the horse 

 have once been allowed to go away,(f/) but the mere fact of 

 horses having been temporarily taken away to run races, 

 even for days at a time, does not deprive the innkeeper of 

 his lien.(^) Thus, a carrier who had been in the use to put 

 up his horses at an inn owed £36 for their keep, and the 

 innkeeper seized three of the horses and sold them. Judg- 

 ment was given for the owner of the horses on two grounds : 

 — first, because there was no power to sell, bat only to 

 detain ; and, second, because there was no lien after the 



(a) Saunders v. Plummer, 1662, Ord. Bridge, 227 ; Tenterden, C. J., in Rich- 

 mond V. Smith, 1828, 8 B. and C. 9. 



(b) Pollock, Chief Baron, in Morgan v. Jiavcy, 1861, 6 H. and N. 265, overruling 

 Dawson v. Chamncij, 1843, 5 Q.B. 164 ; Bather v. Day, 1863, 32 L.J., Ex. 171. 



(c) B.C. ii. p. 99 ; Smith v. Dearlovc, 1848, 6 C.B. 132. 

 {d) Midlincr v. Florence, 1878, L.R. 3 Q.B.D. 484. 



(e) Turrell v. Craxdey, 1849, 18 L. J., Q.B. 155. 



(/) Piatt, B., in Broadioood v. Granara, 1854, 10 Ex. 417 ; Snead v. V^\itkins, 

 1856, 26 L.J.. C.P. 57. {<j) B. Pr. 1410. 



{h) Allen V. Srfiith, 1863, 9 Jur. N.S. 230, 1284 ; Wilde, J., in Parsons v. Gingtll, 

 1847, 4 C.B. 545. 



