Southwestern Hotel Co. v. Rogers

On Rehearing.

PRICE, Chief Justice.

With some reluctance I concur in reversing and remanding this cause on the ground that the evidence was insufficient to sustain the negligence found in favor of plaintiff. I do not agree with the original opinion directing the trial court - in the event the evidence is the same on another trial to direct a verdict in favor of defendant.

The jury found on ample evidence that plaintiffs’ jewelry was stolen from the room of defendant which plaintiffs were occupying as paid guests. Defendant had the means of entering the room. Five keys suitable to unlock the door…