Overstreet v. Moser
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OF THE CASE. Tbe appellant-, Leo Moser, is, and for many years bas been, tbe owner and proprietor of tbe Moser Hotel, situated on Pine street in tbe city of St. Louis. Tbe hotel is conducted on tbe European plan and is divided into two apartments, a sleeping or rooming apartment and a restaurant, both in tbe same building and under tbe same roof.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. STATEMENT OF THE CASE. Tbe appellant-, Leo Moser, is, and for many years bas been, tbe owner and proprietor of tbe Moser Hotel, situated on Pine street in tbe city of St. Louis. Tbe hotel is conducted on tbe European plan and is divided into two apartments, a sleeping or rooming apartment and a restaurant, both in tbe same building and under tbe same roof. Both are entered from Pine street (tbe Main entrance) through the same door. Tbe first floor is taken up by a rotunda, hotel office, restaurant, an elevator,- stairway and…
1Opinion of the CourtBland, P. J.
To reverse the judgment appellant assigns as error: first, the submitting to the jury the question whether or not respondent intended to become a guest of the hotel; second, that instructions numbered 1, 2 and 4, given for respondent are erroneous; and, third, the admission of illegal and improper evidence over the objections of appellant.
The instructions objected to are as follows:
“1. Now if yon find and believe from the evidence that on or about the twentieth of November, 1895, the plaintiff went to the hotel of the defendant for the purpose of becoming a guest therein, and that he did…
2Cases cited10 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Ephland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Knowles v. Bullene, Moore, Emory & Co.Missouri Court of Appeals · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- De Wolf v. . FordNew York Court of Appeals · 1908
- Clancy v. BarkerCourt of Appeals for the Eighth Circuit · 1904
- Mayo Hotel Co. v. DancigerSupreme Court of Oklahoma · 1930
- Burton v. Drake Hotel Co.Appellate Court of Illinois · 1925
- Hill v. Memphis Hotel Co.Tennessee Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.