Batterson v. Vogel
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. That the guest fails to lock his door will not •relieve the inn-keeper from liability.— Coyle’s Case, 8 Cow. 32 ; Burgess v. Clements, 4 Mau. & Sel. 316; Classen v. Leopold, 2 Sweeny, 705 : Hulett v. Swift, 33 N. Y. 573; Cashed v. Wright, 6 El. & Bl. — ; FilipwosTci v. Merriweather, 2 Fost. & Fin. 285; Mitchells.
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Appeal from the St. Louis Circuit Court, Boyle, J. That the guest fails to lock his door will not •relieve the inn-keeper from liability.— Coyle’s Case, 8 Cow. 32 ; Burgess v. Clements, 4 Mau. & Sel. 316; Classen v. Leopold, 2 Sweeny, 705 : Hulett v. Swift, 33 N. Y. 573; Cashed v. Wright, 6 El. & Bl. — ; FilipwosTci v. Merriweather, 2 Fost. & Fin. 285; Mitchells. Woods, 16 L. T. (n. s.) 676 ; Oppenheim v. White Lion, L. R. 6 C. P. 515 ; Buddenburgh v. Benner, 1 Hilt. 84. Unless the occasion requires it, it is error to warn the jury by an instruction against false swearing. —Iron Mountain Bank…
1Opinion of the CourtBakewell, J.
This is an action for the value of certain money and jewelry, worth altogether $275, alleged to have been stolen from plaintiff whilst a guest in a hotel kept by defendant’s testator, in St. Louis. The answer was a general denial, and that the loss was occasioned by the negligence of plaintiff.
There was evidence tending to^show that the lock of plaintiff’s room was a complicated lock, working with a key *237outside, and with a thumb-screw inside. The thumb-screw required three turns thoroughly to lock the door. Every turn made a distinct click of the lock. Plaintiff testified that he turned the…
2Cases cited5 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- White v. MaxcySupreme Court of Missouri · 1877
- State v. StoutSupreme Court of Missouri · 1861
- Buddenburg v. BennerNew York Court of Common Pleas · 1856
- Classen v. LeopoldThe Superior Court of New York City · 1870
3Cited by3 opinions
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Spring v. HagerMassachusetts Supreme Judicial Court · 1887
- Swanner v. Conner Hotel Co.Missouri Court of Appeals · 1920