Kelly v. Milner Hotels, Inc.

Opinion by

Gunther, J.,

The plaintiffs were guests in a Scranton hotel which was totally destroyed by fire. The plaintiffs sued for the loss of their clothing and personal effects left in their rooms. They won verdicts and the court below denied motions for new trial and judgment n.o.v., holding that a hotel is a virtual insurer. The nub of the issue here is the interpretation to be given to the Act of 1913, 37 PS §§61-64. The court below held that this Act does not apply to property in the room of a hotel guest, citing Franchinia v. Palumbo, 79 Pa. Superior Ct. 234. The case does so hold, but…