456 BAILMENT. 



drover buys provender of the landlord or a third person and 

 feeds them himself; for, as Lord Ellenborough says, . . . 

 'An innkeeper is not bound by law to find show-rooms for 

 his guests, but only convenient lodging-rooms and 

 lodging.' " ^*2 But where, by the innkeeper's direction, the 

 guest took his horse and cart to a livery-stable, belonging 

 to the innkeeper but not connected with the inn, and put 

 them in the care of the innkeeper's hostler, it was held that 

 this was a delivery to the innkeeper for safe custody and the 

 property was infra hospitiiim.^*^ 



It was held in Calye's case ^** that, if the horse of a guest is 

 stolen, the innkeeper is not liable if it were put to pasture 

 at the guest's request : otherwise, if the innkeeper of his own 

 accord had put the horse to grass. Of this case Judge Story 

 says : "However, it has been said that this rule requires some 

 qualifications; for if it is the common custom of the country 

 (as it is in the summer season in the interior towns of 

 America) to put horses in such a case to pasture, the implied 

 consent of the owner may be fairly presumed, if he knows 

 the custom. And the common usage of the country must 

 have great weight in all such cases. In the country towns in 

 America it is very common to leave chaises and carriages 

 under open sheds all night at inns; and also to leave the 

 stable doors open or unlocked. Under such circumstances, 

 if a horse or chaise should be stolen, it would deserve con- 

 sideration how far the innkeeper would be liable, as the 

 traveller might be presumed to consent to the ordinary 

 custom." 2« 



An innkeeper is not liable as such if sheep are put to pasture 

 under the guest's direction and are injured by eating poison- 

 ous plants, unless he is chargeable with neghgence.^** 

 Where he is sued for weakness developed in a horse while 



' Neal V. Wilcox, 4 Jones L. (N. C.) 146. 



' Cohen v. Manuel, 91 Me. 274. 



* 8 Co. 32 a. =" Story Bailm. § 478. 



' Hawley v. Smith, 25 Wend. (N. Y.) 642. 



