6. The bailee for hire is bound to confine himself to the use for which he stipulated. If the bailee hire a horse, he is bound to ride it as moderately, and treat it as carefully, as any man of common discretion would treat his own horse. If through his negligence, as by leaving the door of his stable open at night, the horse be stolen, he must answer for the loss. If he be robbed of the horse by a highway robber he is not responsible, unless by his imprudence he gave occasion to the robbery, as by travelling at unusual hours, or by taking an unusual road. If the bailee hire horses and carriage, and the owner send a coachman, the bailee is discharged from all attention to the horses, and he is then required only to take ordinary care of the inside of the carriage while he sits in it.

7. If the bailee hire a horse for a particular service, or for a particular journey, or for a particular time, he is bound to use the horse for that particular service or journey, and no other, and to return him at the expiration of the time stipulated. If he put the horse into some other service, or perform some other journey, or detain the horse beyond the time stipulated, it is an unlawful use of the horse, and the bailee renders himself liable for all accidents which may happen to the horse. The contract is terminated by the loss of the thing bailed.

6. To what is the bailee for hire bound to confine himself? If the bailee hire a horse, what is he bound to do? If through his negligence the horse is stolen? If he be robbed of the horse by a highway robber? If the bailee hire horses and carriage, and the owner send a coachman?

7. If the bailee hire a horse for a particular service, or for a particular journey, or for a particular time? If he put the horse into some other service, or perform some other journey, or detain the horse beyond the time stipulated? If the horse die, or the thing bailed be lost?

CHAPTER LXXII.

INNKEEPERS AND THEIR GUESTS.

1. PERSONS entertained at a hotel as travellers, are deemed guests. If the innkeeper invite a person to his house as a friend, he does not become a guest, so as to create any responsibility on the part of the innkeeper, because he does not receive him in that capacity. If the traveller leave his horse or baggage at an inn, and go out to dine or lodge with a friend, the rights and liabilities of the parties remain the same as though the traveller had not left the inn. If the guest leave the hotel, and go to another town, intending to be absent two or three days, the same rule applies, so far as relates to the property for the care and keeping of which the host is to receive a compensation. If property be left at the hotel for which the host receives no advantage, and during such absence of the guest the property be stolen, the host will not be answerable. If the guest retain his room, so as to be chargeable for it, he may be considered a guest, even when he leaves at the hotel only inanimate property.

2. It is not necessary that the property of the guest be placed in the special keeping of the host, in order to make him liable, unless required by statute. The host is responsible for the property of his guest committed to his

1. Who are guests? If the innkeeper invite a person to his house as a friend, does he become a guest? Why not? If a traveller leave his horse or baggage at a hotel, and go out to dine? If the guest leave the hotel, and go to another town, intending to be absent two or three days? If property be left at the hotel for which the host receives no advantage, and during the absence of the guest the property is stolen? If the guest retain his room, so as to be chargeable for it?

2. Is it necessary that the property be placed in the special keeping of the host, in order to make him liable? When is the host responsible for the property of his guest committed to his care? What is the host,

care, unless the loss of it is caused by-1. Inevitable accident; 2. The common enemy; 3. By the neglect or default of the guest. By statute, in most of the States, the host is allowed to provide a safe, or other convenient place for the safe keeping of money, jewels, or ornaments belonging to his guests, and to post a notice to that effect, in a conspicuous manner, in the rooms occupied by his guests. If such goods are not deposited therein by the guest, he is absolved from all liability for such articles, in case of loss by theft or otherwise. The posting of this notice is notice to the guest. He is required to deliver his money, jewels, and ornaments to the proprietor of the hotel, to be deposited in the safe, if he intend to hold the host liable for their safety.

3. If a guest deliver his horse to the host, and request that it be put to pasture, which is done, if the horse be stolen, the host is not responsible. The host is not at liberty to refuse to receive a guest, for whom he has accommodations. If, having room for him, he refuse to receive a guest, without reasonable ground for his refusal, or on a false pretence that his house is full, he will be liable to an action. If the guest applying for accommodations is intoxicated, or behave in an indecent manner, the host is not bound to receive him. The host does not undertake absolutely to receive as guests all persons who apply; but only those who are capable of paying a compensation adequate to the accommodations provided. He has a right to demand payment in advance.

4. The law gives the host a lien on the baggage of his

in most of the States, allowed by statute to do? What notice does he put in the rooms of his guests? If such goods are not deposited with the host by the guest?

3. If a guest deliver his horse to the host, and request that it be put to pasture? Can the host refuse to receive a guest, for whom he has 2ccommodations, without a reasonable cause? If, having room, he refuse to receive a guest, without reasonable grounds for his refusal, or on the false pretence that his house is full? If the guest applying for accommodations be intoxicated, or behave in a disorderly manner? Whom only does the host undertake to receive as guests? When may he demand payment?

guest, for his reasonable charges. The host is obliged to accommodate the guest, and is responsible for the safety of his baggage; and on account of this extraordinary liability, the law gives the host a right to charge a reasonable compensation therefor, and gives him a lien on the goods and baggage of the guest for the satisfaction of his reasonable charges.

5. In some of the States, parties may be witnesses for themselves. In other States, no person is competent to give evidence in a case in which he has the least pecuniary interest. In all the States, however, in an action by the guest against the host for the loss of baggage, the guest is received as a witness to show the character and value of the property lost, so far as it is personal baggage. He is considered a competent witness from the necessity of the case, and in order to prevent a failure of justice.

CHAPTER LXXIII.

COMMON CARRIERS.

1. To constitute a person a common carrier, he must be one who, as a regular business, undertakes, for hire, to transport the goods of such as choose to employ him. His employment must be to carry goods generally, for any one, so as to imply a public engagement to serve all persons alike, on being paid a reasonable reward. The practice of carrying, for hire, parcels not belonging to

4. For what does the law give the host a lien on the baggage or goods of the guest? What is the host obliged to do? For what is he responsible? On account of this liability, what does the law give the host?

5. What is the rule of law in some of the States as to parties being witnesses in their own behalf? What is the rule in other States! What is the rule in all the States when a guest brings an action against the host for baggage lost or stolen? Upon what ground?

1. Who is a common carrier? What must his employment be? In what are the proprietors of stage-coaches common carriers?

passengers, in a stage-coach, constitutes the proprietors of the coach common carriers.

2. In order to give due security to property, the law imposes upon the common carrier the responsibility of an insurer. The law makes the common carrier responsible in all cases, except where the loss of the property was caused-1. By inevitable accident; 2. By public enemies; 3. By the act of the owner of the goods. The common carrier is responsible for all losses occasioned by theft or robbery, on account of the opportunity he has for collusion with thieves and robbers, to the injury of commerce. He is entitled to demand a compensation for his services, in proportion to the risk.

3. Common carriers of passengers are liable, as insurers, for the safety of the baggage of the passengers, and nothing will relieve them from their liability except the causes which will relieve common carriers of goods. Common carriers of passengers are not liable to respond. in damages, in case of accident, if they have done all that human foresight and care could do to insure the safety of the passengers. The carrier of passengers is not strictly a common carrier, in the light of an insurer of the safety of the passengers. For the goods and baggage which he receives for transportation, he is placed on the footing of a common carrier of goods, but he does not absolutely warrant the safety of the passengers. The master of a vessel comes within the description of a common carrier.

4. The common carrier stands in the situation of a public servant, and as such is liable to an action for refusing

2. What responsibility does the law impose on a common carrier? In what cases is he responsible for the loss of property carried by him? On what account is he made responsible for all losses by theft or robbery? What compensation is he entitled to demand?

3. For what are common carriers of passengers liable as insurers? What will relieve them from this responsibility? When are common carriers of passengers not liable to respond in damages in case of accident? Does the carrier of passengers insure the safety of the passengers in the light that a common carrier insures the goods he carries? What does he insure? Within what description does the master of a vessel come?