Legal Opinion

Turner v. Weitzel

Supreme Court of Arkansas

Decided December 2, 1918PublishedCited by 6 opinions

Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. Prior to the Act 1913, No. 217, pages 936-7, appellant was liable as an insurer. 103 Ark. 593. After the passage of that act he was only liable as a bailee for hire. 14 R. C. L. 33-34. Negligence was a good defense.

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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. Prior to the Act 1913, No. 217, pages 936-7, appellant was liable as an insurer. 103 Ark. 593. After the passage of that act he was only liable as a bailee for hire. 14 R. C. L. 33-34. Negligence was a good defense. The question should have been submitted to a jury as appellant was not an insurer but liable only for loss occasioned by negligence and only then to the extent of $50. It was error to direct a verdict.

1Opinion of the CourtMcCulloch, C. J.

Appellee was a transient guest at appellant’s hotel in Forrest City, Arkansas, on November 30,1917, and afterwards instituted this action against the latter to recover the value of certain of his wearing . apparel which it is alleged was stolen from his room in appellant’s hotel on the day mentioned above. The action originated before a justice of the peace, but was tried before a jury in the circuit court on appeal, and, after all the testimony was introduced, the court gave a peremptory instruction in favor of appellee.

The testimony shows that appellee was, as before stated, a transient…

2Cases cited5 opinions

  1. Bertig v. NormanSupreme Court of Arkansas · 1911
  2. James v. OrrellSupreme Court of Arkansas · 1900
  3. Pettit v. ThomasSupreme Court of Arkansas · 1912
  4. Union Compress Co. v. NunnallySupreme Court of Arkansas · 1899
  5. Phoenix Cotton Oil Co. v. Pettus & BufordSupreme Court of Arkansas · 1918

3Cited by6 opinions

  1. Miller v. DyerSupreme Court of Arkansas · 1968
  2. Hackney v. Southwest Hotels, Inc.Supreme Court of Arkansas · 1946
  3. Andrews v. Southwestern Hotel Co.Supreme Court of Arkansas · 1931
  4. Huckins Hotels v. SmithSupreme Court of Arkansas · 1921
  5. Grimes v. M.H.M., Inc.Supreme Court of Arkansas · 1989

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