Turner v. Whitaker
Superior Court of Pennsylvania
Appeal, No. 68, Oct. T., 1898, by defeadants, from judgment of C. P. No. 4, Phila. Co., June T., 1897, No. 644, on verdict for plaintiff. Trespass. Before Arhold, P. J. It appears from the record and evidence that an action of trespass was brought against the proprietors of the Hotel Walton to recover the value of a scarf pin and a pair of studs which had been stolen from the room of plaintiff while he was a guest at defendants’ hotel.
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Appeal, No. 68, Oct. T., 1898, by defeadants, from judgment of C. P. No. 4, Phila. Co., June T., 1897, No. 644, on verdict for plaintiff. Trespass. Before Arhold, P. J. It appears from the record and evidence that an action of trespass was brought against the proprietors of the Hotel Walton to recover the value of a scarf pin and a pair of studs which had been stolen from the room of plaintiff while he was a guest at defendants’ hotel. Other facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $222.50. Defendants appealed. Errors assigned were (1)…
1Opinion of the Court
Opinion by
William W. Ponter, J.,
We have examined the brief submitted to us relating to the distinction sought to be drawn between guests and boarders and the innkeeper’s liability in respect to each, but we are unable to see how the authorities there gathered can aid us in our present inquiry. The distinction was not presented to the court below. The case was tried on the theory that the plaintiff was a negligent guest. The jury have found against the defendants on this question. “Where the verdict of the jury establishes'the liability of the defendants upon the theory of *88the case by which…
2Cases cited4 opinions
- Shultz v. WallSupreme Court of Pennsylvania · 1890
- Taylor v. SattlerSuperior Court of Pennsylvania · 1897
- Walsh v. PorterfieldSupreme Court of Pennsylvania · 1878
- Houser v. TullySupreme Court of Pennsylvania · 1869
3Cited by2 opinions
- Buck v. HANKINSuperior Court of Pennsylvania · 1970
- Franchinia v. PalumboSuperior Court of Pennsylvania · 1922