Whitehouse v R and W Pickett: HL 29 Jun 1908

The Innkeepers’ Liability Act 1863, which limits the liability of an innkeeper for goods or property brought to his inn by a guest to pounds 30, excepts the two cases-‘(1) Where such goods or property shall have been stolen, lost, or injured through the wilful act, default, or neglect of such innkeeper or any servant in his employ; (2) where such goods or property shall have been deposited expressly for safe custody with such innkeeper.’
Held (1) that to bring an innkeeper within the first exception the guest must prove the neglect which in fact resulted in the loss of the property, carelessness not directly connected therewith being insufficient and not raising any presumption that the loss was due to it, and (2) that to bring him within the second exception the guest must on giving the property say or do something sufficient to bring home to the innkeeper the responsibility he is incurring. Diss. Lord Collins, on the facts of the case, on the ground that even without ‘express’ deposit, an innkeeper entrusted with property was a bailee for reward bound to exert a certain degree of carefulness, and that there was evidence in the case upon which a jury could find that the innkeeper had failed therein and so been neglectful in such a way as to have caused the loss.

Judges:

Lord Chancellor ( Loreburn), Lord Ashbourne, Lord James of Hereford, Lord Robertson, and Lord Collins

Citations:

[1908] UKHL 732, 45 SLR 732

Links:

Bailii

Jurisdiction:

Scotland

Negligence

Updated: 26 April 2022; Ref: scu.621514