McKeever v. Kramer
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon.. Benjamin J. Klene, Judge. (1) The court erred in refusing to instruct the jury to find for the defendant, (a) Because there was a failure to prove a cause of action based upon the liability of an innkeeper for valuables of a guest lost while a guest.
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Appeal from the Circuit Court of the City of St. Louis. —Hon.. Benjamin J. Klene, Judge. (1) The court erred in refusing to instruct the jury to find for the defendant, (a) Because there was a failure to prove a cause of action based upon the liability of an innkeeper for valuables of a guest lost while a guest. De Lapp v. VanCloster, 136 Mo. 475; 22 Cyc, 1088, citing Hays v. Turney, 23 Iowa, 214. (b) Because there was a total failure to prove any authority in Fred Schmidt to bind defendant by the contract of failment or deposit testified to by plaintiff. 31 Cyc, 1644; Knocke v. White-man, 86…
1Opinion of the Court
Judging from the petition, evidence and instructions, this cause appears to be a mixture of a suit against defendant on his liability as an innkeeper and a suit against him based on his liability as a gratuitous bailee of plaintiff's property.
The petition alleged that on the 21st day of February, 1916, defendant was an innkeeper, and as such kept a common inn for the entertainment of the public in the City of St. Louis, known as the Burlington Hotel; that on said date plaintiff was received by defendant in his said inn as a traveler and guest; that as a guest of the said hotel, plaintiff on…
2Cases cited12 opinions
- Levi v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1911
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Baehr v. DowneyMichigan Supreme Court · 1903
- O'Brien v. VaillSupreme Court of Florida · 1886
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brown v. Sloan's Moving & Storage CompanySupreme Court of Missouri · 1954
- Keisel v. ReynoldsSupreme Court of Oklahoma · 1925
- Walters v. Adams Transfer & Storage Co.Missouri Court of Appeals · 1940
- Garrett v. Impac Hotels 1, L.L.C.Missouri Court of Appeals · 2002
- Scherrer v. Plaza Bowl Investment Co.Missouri Court of Appeals · 1955
1 more not listed; retrieve them via the Exa API.