Magee

This action was brought to recover from the defendant the value of certain personal property, lost by the burning of the Hotel Del Monte, April 1, 1887. Judgment was rendered in favor of the defendant, and the plaintiff has appealed.

It was held in Fay v. Pacific Improvement Co., 93 Cal. 253 , upon the facts then before the court, that the defendant, as the proprietor and keeper of the Hotel Del Monte, was an innkeeper, and as the facts herein are almost identical with those presented in that case, the defendant must in the present case be held to have been an innkeeper, and subject to its liabilities. It is, however, contended by the defendant that in the present *680 case the plaintiff was a “boarder” with it rather than a “ guest,” and consequently that its liability as an innkeeper does not exist. Th'e finding of the court upon this issue is as follows: “That plaintiff and her assignor at the time of the destruction of said house by fire Were inmates of said house under special arrangement for board and lodging by the week for a permanent stay, and at the time of the fire had given no intimation to defendant of any intention to depart from said house, where they had been for…