Legal Opinion

Kleckner v. Hotel Strand

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 99PublishedCited by 4 opinions

Appeal, No. 99, Oct. T., 1914, by plaintiff, from order of C. P. No. 3, Philadelphia Co., March T., 1912, No. 314, refusing to take off nonsuit in case of Joseph Kleckner v. Hotel Strand. Trespass to recover damages for the loss of a traveling bag. Before Davis, J. The facts are stated in the opinion of the Superior Court., ■ At the trial the court entered a. compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.

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Appeal, No. 99, Oct. T., 1914, by plaintiff, from order of C. P. No. 3, Philadelphia Co., March T., 1912, No. 314, refusing to take off nonsuit in case of Joseph Kleckner v. Hotel Strand. Trespass to recover damages for the loss of a traveling bag. Before Davis, J. The facts are stated in the opinion of the Superior Court., ■ At the trial the court entered a. compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit. The relation Of innkeeper and guest was not necessary to be shown to entitle the plaintiff to recovery: Hofford v. New York…

1Opinion of the Court

Opinion by

Kephart, J.,

The defendant, a corporation, conducted a hotel at Atlantic City, and in the same building operated a garage. On a Saturday, the plaintiff, an intending guest of the hotel, drove into the garage. He was there met by a porter, who took his traveling bag into the hotel office. Upon inquiring for accommodations he was informed that there were none. The plaintiff then stated in substance that he would walk down to the Shelburne Hotel, and if the defendant could secure accommodations for him in its hotel the clerk should let him know, that he would bé found at the Hotel…

2Cases cited4 opinions

  1. Bunnell v. . SternNew York Court of Appeals · 1890
  2. Woodruff v. Painter & EldridgeSupreme Court of Pennsylvania · 1892
  3. Hoyt v. Clinton Hotel Co.Superior Court of Pennsylvania · 1908
  4. Doyle v. Central RailroadSuperior Court of Pennsylvania · 1911

3Cited by4 opinions

  1. American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109Court of Appeals for the Third Circuit · 1982
  2. Benjamin v. Colonial Hotel Co.Supreme Court of Pennsylvania · 1920
  3. Kalumetals, Inc. v. Hitachi Magnetics Corp.District Court, W.D. Pennsylvania · 1998
  4. McKnight v. Snellenburg & Co.Superior Court of Pennsylvania · 1922

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