Horton v. Terminal Hotel & Arcade Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The appellant’s business being that of letting or furnishing rooms only to lodgers, and not extending to the furnishing or offering to furnish to any one food or victuals, it was not engaged in conducting a hotel business nor was the house an inn or hotel; nor was the appellant a “guest,” but a mere lodger.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The appellant’s business being that of letting or furnishing rooms only to lodgers, and not extending to the furnishing or offering to furnish to any one food or victuals, it was not engaged in conducting a hotel business nor was the house an inn or hotel; nor was the appellant a “guest,” but a mere lodger. Not being an innkeeper, appellant was not liable as such or as an insurer, as charged in the petition, (a) “The first requisite of this extraordinary liability is that the alleged relation of innkeeper and guest…
1Opinion of the CourtGoode, J.
Plaintiff while a guest at the Terminal hotel in St. Louis, lost a gold-filled locket containing an ivory miniature, both alleged to be of the value of $221. The defendant company was conducting the hotel at the time and this action was instituted to recover the value of the lost property. It appears that lodging is furnished to the traveling public at the Terminal hotel, but not food. There is a restaurant contiguous, but not operated by the defendant. The hotel company itself furnishes nothing more in the way of entertainment than lodging. It advertises its house as a hotel, receives as…
2Cases cited4 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Kincheloe v. PriestSupreme Court of Missouri · 1886
- Commonwealth v. WetherbeeMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Gardner v. Jonathan ClubCalifornia Supreme Court · 1950
- Stoll v. Almon C. Judd Co.Supreme Court of Connecticut · 1927
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
- Link-Simon, Inc. v. Muehlebach Hotel, Inc.District Court, W.D. Missouri · 1974
- Providence Washington Insurance v. Hotel Marysville, Inc.California Court of Appeal · 1943
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