Cline

Plaintiff sued defendant, who was an innkeeper, for the loss of certain articles of personal property and apparel which were taken from her room while she was a guest at his hotel. Plaintiff had judgment and defendant appeals.

Section 1859 of the Civil Code reads, in part: “The liability of an innkeeper . . . for losses of . . . personal property . . . placed by his guests . . . under his care, is that of a depositary for hire; provided, however, that in no case shall such liability exceed the sum of one hundred dollars for each trunk and its contents, fifty dollars for each valise or traveling-bag and contents, and ten dollars for each box, bundle, or package and contents so placed under his care, and all other miscellaneous effects including wearing apparel and personal belongings, two hundred fifty dollars; unless he shall have considered in writing with the owner thereof to assume a greater liability.”

Section 1860 of the same code provides: “If an innkeeper . . . keeps a fire-proof safe and gives notice to a guest . . . that he keeps such a safe and will not be liable for .money, jewelry, documents, furs, fur coats and fur garments . . . unless placed therein, he is not…