Swanner v. Conner Hotel Co.
Missouri Court of Appeals
Appeal from Circuit Court of Jasper County. — H (1) The grip was never infra hospitium. Innkeeper may exonerate himself from liability for loss of goods of his guest by showing that the guest has taken upon himself exclusively the control of his own goods. His liability is only coextensive with his custody and control, and his pledge of the integrity of his servants ; and the question of custody and control depends upon facts indicative of intention.
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Appeal from Circuit Court of Jasper County. — H (1) The grip was never infra hospitium. Innkeeper may exonerate himself from liability for loss of goods of his guest by showing that the guest has taken upon himself exclusively the control of his own goods. His liability is only coextensive with his custody and control, and his pledge of the integrity of his servants ; and the question of custody and control depends upon facts indicative of intention. Yance v. Throck- • morton, 5 Bush, 41, 96 Am. Dec. 327; Weisenger v. Taylqr, 1 Bush, 275, 89 Am. Dec. 626. (a) When the guest does not call…
1Opinion
The authorities all hold that a guest cannot hold the innkeeper liable for the loss of his baggage if the guest's negligence contributed to such loss. The innkeeper is an insurer only where the guest is not negligent in respect to his loss. The guest cannot recover if his negligence enters into the loss and the negligence on the part of the guest which will defeat his recovery is the want of that ordinary care which a reasonably prudent man would take under the circumstances of the case. [22 Cyc. 1083, 14 R.C.L. 533.] In Fowler v. Dorlon, 24 Barber, 384, the common law rule is stated to be…
2Cases cited5 opinions
- Hadley v. UpshawTexas Supreme Court · 1864
- Read ex rel. Read v. AmidonSupreme Court of Vermont · 1868
- Labold v. Southern Hotel Co.Missouri Court of Appeals · 1893
- Thomas v. StateSupreme Court of Missouri · 1846
- Kelsey v. BerryIllinois Supreme Court · 1867