From the Kentish Gazette, 28 February 1865.

HERNE BAY. Liability of Innkeepers.

Modicki v. Bowcomb.

This was an action, tried in the Court of Common Pleas, on Wednesday, to recover the value of some property said to have been lost whilst staying at an hotel.

Mr. Joyce appeared for the plaintiff; and Mr. Huddleston, Q.C., and Mr. Barnard for the defendant.

The plaintiff was a merchant in business in St. Maryaxe, and on a Saturday in August last went to Margate, and stayed at the "Star" until Monday, and then went to Herne Bay and stayed at the "Dolphin," which was kept by the defendant. The plaintiff's case was that he had with him a watch, chain, and ring, and £4 or £5 in money, and that when he retired for the night he tried to fasten his door, but finding that it would not lock readily he left it unlocked, and having placed his property upon the table he went to bed. In the morning he found that some one had stolen his jewellery and money, and he now sued to recover the amount of his loss, £33 16s.

The defence was that the plaintiff after dinner went out, and returned again about nine. At this time, and during the two or three hours that elapsed before he went to bed, no one noticed that he had a watch, chain, and ring, and that it was almost certain that if he had then a chain it must have been seen. At nine o’clock it was noticed that he was somewhat unsteady from drink, and after that he had two tankards of ale and some gin-and-water. In the morning it was noticed that the clothes-horse was between the door and the door-post, and it was suggested that it had been purposely placed there to let air into the room.

The plaintiff denied that he was the worse for drink, and the policeman said that he found there was a difficulty in locking the door. On the other hand, there was evidence for the defendant that the door could have been easily locked.

The jury found a verdict for the plaintiff.

Damages £20.