Legal Opinion

Beale v. Posey

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 14 opinions

Appeal from the Circuit Court of Conecuh. Tried before the Hon. Joi-nsr P. Hubbaed. This action was brought by James W. Posey, against "W. GL Beale, as the keeper of a public hotel in the town of Evergreen in said county, called and known as the “ Evergreen Hotel,” to recover damages for money lost by the plaintiff while a guest at, said hotel, in May, 18J9, and which was alleged to have been stolen by some one or more of the defendant’s servants, or to have been lost by the…

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Appeal from the Circuit Court of Conecuh. Tried before the Hon. Joi-nsr P. Hubbaed. This action was brought by James W. Posey, against "W. GL Beale, as the keeper of a public hotel in the town of Evergreen in said county, called and known as the “ Evergreen Hotel,” to recover damages for money lost by the plaintiff while a guest at, said hotel, in May, 18J9, and which was alleged to have been stolen by some one or more of the defendant’s servants, or to have been lost by the carelessness or negligence of the defendant or his servants; and was commenced on the 1st April, 1880. The defendant…

1Opinion of the CourtBrickell, C. J.

-The proposition involved in the first special plea, to which a demurrer was sustained, and in the charge requested and refused, to the refusal of which an exception was reserved, is, that as the defendant was not a licensed keeper of an inn or hotel, though he may have kept a house of public entertainment, he was absolved' from the common-law liability for the goods of his guests' lost vnfra hospiUum. This, it is insisted, is the result of the statutory regulations of inns, hotels, and boarding houses, embodied in the Code. — Code of 1876, §§ 522-25.

These sections form part of the general…

2Cases cited1 opinion

  1. Elcox v. HillSupreme Court of the United States · 1878

3Cited by14 opinions

  1. State v. SeymourSupreme Court of Iowa · 1895
  2. General Accident, Fire & Life Assur. Corp. v. JordanSupreme Court of Alabama · 1935
  3. Alabama Great Southern R. Co. v. WedgworthSupreme Court of Alabama · 1922
  4. Lanier v. YoungbloodSupreme Court of Alabama · 1883
  5. Metzler v. Terminal Hotel Co.Missouri Court of Appeals · 1909

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