Swanner v. Conner Hotel Co.
Missouri Court of Appeals
Appeal from Circuit Court of Jasper County. — H (1) The grip was never infra hospitium. Innkeeper may exonerate himself from liability for loss of goods of his guest by showing that the guest has taken upon himself exclusively the control of his own goods. His liability is only coextensive with his custody and control, and his pledge of the integrity of his servants ; and the question of custody and control depends upon facts indicative of intention.
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Appeal from Circuit Court of Jasper County. — H (1) The grip was never infra hospitium. Innkeeper may exonerate himself from liability for loss of goods of his guest by showing that the guest has taken upon himself exclusively the control of his own goods. His liability is only coextensive with his custody and control, and his pledge of the integrity of his servants ; and the question of custody and control depends upon facts indicative of intention. Yance v. Throck- • morton, 5 Bush, 41, 96 Am. Dec. 327; Weisenger v. Taylqr, 1 Bush, 275, 89 Am. Dec. 626. (a) When the guest does not call…
1Opinion of the Court
Plaintiff, a traveling salesman, went to the Conner Hotel in Joplin about 11:30 a.m. on a certain day in May, 1919, to obtain a room as a guest. He was familiar with the hotel, having worked prior to that time for a taxicab company that had a stand in the hotel. On entering the hotel plaintiff went directly to the bell boys' bench where it was the custom to leave grips, and set his grip by the bench. On previous occasions when plaintiff was a guest at this hotel he had seen the bell boy set his grip by this bench, and had seen the grips of other guests set by this bench. He then went to the…
2Cases cited4 opinions
- Read ex rel. Read v. AmidonSupreme Court of Vermont · 1868
- Maloney v. BaconMissouri Court of Appeals · 1888
- Batterson v. VogelMissouri Court of Appeals · 1881
- Labold v. Southern Hotel Co.Missouri Court of Appeals · 1893
3Cited by2 opinions
- Corrigan v. San Marcos Hotel Co.Court of Appeals for the Ninth Circuit · 1950
- Rarrick v. BrowneOhio Court of Appeals · 1947