New York Court of Appeals

William T. Wilkins, Appellant v. William P. Earle and William H. Earle, Respondents

December 29, 187044 N.Y. 172

Summary

The New York Court of Appeals reversed the General Term's judgment and held that the hotel keepers were liable for the full amount of $20,000 deposited by the plaintiff in their safe, despite the 1855 statute. The court found that the statute does not limit liability to traveling expenses, that the servant was authorized to receive the package, and that the plaintiff contributed no negligence. The court also affirmed the trial judge's instruction on contradictory testimony as proper. Justice 030concurrence, dissenting, would have reached the same result but emphasized the sufficiency of the label and the statute's lack of limitation.