Baker v. Bailey
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Appellant, a traveling salesman, brought suit against appellee for the loss of one of his grips containing wearing apparels and other personal effects. He was passing through Fort Smith on his journey, and on arriving there handed his baggage — • two grips — to the porter of the Hotel Main, who was at the station to receive the baggage of incoming guests.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Appellant, a traveling salesman, brought suit against appellee for the loss of one of his grips containing wearing apparels and other personal effects. He was passing through Fort Smith on his journey, and on arriving there handed his baggage — • two grips — to the porter of the Hotel Main, who was at the station to receive the baggage of incoming guests. The complaint alleged: “ That plaintiff went direct to the hotel from said station with the intention of remaining until some time the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted that appellant became a guest of the hotel, and that it was liable to him as such for the loss of his property; but we do not agree to this contention.
In Gastenhofer v. Clair, 10 Daly (N. Y.) 265, the court-said : “ The universal rule seems to be that one can not become the guest of a hotel unless he procures some accommodations. He must procure a meal, room, drink, feed his horse, or at least offer to buy something of the innkeeper before he becomes a guest. ”
In Hill v. Memphis Hotel Company, 136 S. W. (Tenn.) 997, the court said: “To…
2Cases cited2 opinions
- Preston v. PratherSupreme Court of the United States · 1891
- Wear v. GleasonSupreme Court of Arkansas · 1889
3Cited by9 opinions
- Merchants Bank v. AffholterSupreme Court of Arkansas · 1919
- Adelphia Hotel Co. v. Providence Stock Co.Court of Appeals for the Third Circuit · 1922
- Keisel v. ReynoldsSupreme Court of Oklahoma · 1925
- McDonald Land Co. v. Shapleigh Hardware Co.Supreme Court of Arkansas · 1924
- Strange v. Planters' Gin Co.Supreme Court of Arkansas · 1920
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