Legal Opinion

Eden v. Drey

Appellate Court of Illinois

Decided March 24, 1898PublishedCited by 6 opinions

Transcript, from a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Statement of the Case.

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Transcript, from a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Statement of the Case. The undisputed facts in this case are that appellee became a guest of appellants, inn keepers; that within two or three hours previous to the time when appellee arrived at the hotel, registered and was assigned a room, two boxes, bearing appellee’s name and containing merchandise carried for sale, were delivered at appellants’ hotel, taken in charge by the porter and placed in the baggage room; that these boxes were by mistake of the inn…

1Opinion of the CourtJustice Sears

Counsel for appellants contend, first, that there was evidence tending to excuse appellants from the presumption of negligence, and hence that the case should have been left to the jury without peremptory instruction; second, that at the time of the loss of the goods by misdelivery, the relation of inn keeper and guest had not been established between appellant and appellee, and hence that there was no liability; and third, that the responsibility of the inn keeper for the safe keeping of the baggage and chattels of a guest does not extend to merchandise carried for purposes of sale.

It is the…

2Cases cited6 opinions

  1. Johnson v. RichardsonIllinois Supreme Court · 1855
  2. Sasseen & Whitaker v. ClarkSupreme Court of Georgia · 1867
  3. Williams v. MooreAppellate Court of Illinois · 1897
  4. Metcalf v. HessIllinois Supreme Court · 1852
  5. Kelsey v. BerryIllinois Supreme Court · 1867

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3Cited by6 opinions

  1. National Malted Food Corp. v. CrawfordAppellate Court of Illinois · 1929
  2. Gross v. Saratoga European Hotel & Restaurant Co.Appellate Court of Illinois · 1912
  3. Burton v. Drake Hotel Co.Appellate Court of Illinois · 1925
  4. Flint v. Illinois Hotel Co.Appellate Court of Illinois · 1909
  5. Hirsh v. Anderson Hotel Co.Superior Court of Pennsylvania · 1914

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