Driskill Hotel Co. v. Anderson

MeCLENDON, C. j.

Anderson sued Dris-kill Hotel Company for $78 alleged to have been stolen from Anderson’s room while he was a guest of the Driskill Hotel. The judgment was for Anderson upon a special issue verdict. The hotel company has appealed.

Two grounds for reversal are urged by appellant: (1) That the evidence will not support the judgment, because no affirmative act of negligence on defendant’s part was shown, and it conclusively appears that Anderson was a boarder and not a guest at the hotel. (2) That the third jury finding, to the effect that Anderson was negligent in failing to use…