69 So. 566 | Ala. | 1915
Suit by appellee against appellant for recovery of damages alleged to have been sustained by the plaintiff while a guest in the hotel operated by
The complaint contained three counts. They each state an action on the case, for breach of a duty imposed by law, and growing out of the relation of innkeeper and guest. — Beale on Innkeepers and Hotels, §§ 281, 282; Stanley v. Bercher, 78 Mo. 245; 16 A. & E. Ency. Law (2d Ed.) 526. It is clear that each count proceeds upon the principle of respondeat superior in imputing liability to the defendant corporation, as neither charges any corporate act, but charges wrongful conduct on the part of defendant’s agents or servants while acting within the line or scope of their employment. — Billingsley v. Nashvile, C. & St. L. Ry., 177 Ala. 342, 58 South. 433; So. Ry. Co. v. Hanby, 166 Ala. 641, 52 South. 334; 7 Labatt, M. & S. (2d Ed.) § 2522. The case of Cen. Ga. Ry. Co. v. Freeman, 140 Ala. 581, 37 South. 387, cited by apellant’s counsel, is therefore without application here.
“The obligation of an innkeeper.to care for his guests is imposed by law, and necessarily results from the admittance of the guest to the inn. There is no need of a contract between the parties. As soon as the relation of host.and guest is established, the rights and duties of both parties to the relation are at once fixed.” —Beale on Inkeepers and Hotels, § 111.
“In the absence of a special contract, as is authorized, the rights of guests, and the liability of the keeper, remain as at common law. — 6 Mayf. Dig. 443.
An interesting and instructive discussion of the respective rights and duties and responsibilities growing out of this relation, as at common law, is found in the opinion of the court of last resort of the state of New York
After stating that no “hard and fast” rule can be laid down as to what in every case would be reasonable conduct on the part of the innkeeper in claiming access to the room of the guest, and recognizing his right to do so in the enforcement of reasonable rules and regulations for the proper conduct of his business, and in certain emergencies, the opinion proceeds: “To these reserved rights of the innkeeper the guest must submit. But the guest also has affirmative rights which the innkeeper is not at liberty to willfully ignore or violate. When a guest is assigned to a room for his exclusive use, it is his for all proper purposes and at all times until he gives it up. This exclusive right of use and possession is subject to such emergent and occasional entries as the inkeeper and his servants may find it necessary to make in the reasonable discharge of their duties; but these entries must be made with due regard to the occasion, and at such times and in such manner as are consistent with the rights of the guest. One of
It was held in that case that the invasion of the plaintiff’s room and the insulting treatment she was subjected to was a violation of the duty owing to plaintiff, and entitled her to recovery for her injured feelings and humiliation. See, also, 22 Cyc. 1080, and Clancy v. Barker, 131 Fed. 161, 66 C. C. A. 469, 69 L. R. A. 653, for an interesting review of the authorities.
It therefore appears that neither count of the complaint was subject to the demurrer interposed thereto, nor was there any error in refusing the affirmative charge requested by defendant,
There was also evidence tending to show that, when plaintiff paid his bill on the morning of January 3d, the manager used language indicating that plaintiff had evaded the agents or officers of the hotel; that in fact they became engaged in a quarrel. Plaintiff explained that he did not call for mail at the clerk’s desk, because he expected none, and that he remained around the lobby or in his room, as did the other guests. This record nowhere discloses that plaintiff had been guilty of any conduct authorizing his ejection from the hotel or justifying his submission to insult or humiliation. The defense seem to contend, however, that those in charge of the hotel were so justified because of the fact that plaintiff never visited the hotel office or called for any mail, and they were unable to locate him when they made an effort to do so, and upon the further fact (and this seems to have largely influenced their conduct toward him) that plaintiff had taken meals at the Florence Cafe, adjoining the Florence Hotel, and had the meal tickets charged to his room, No. 341. It is difficult to understand the anxiety of the hotel company as to this feature, however, as the undisputed evidence shows that the cafe was entirely separate and distinct from the hotel, and had no connection therewith, and the hotel was not liable for any such indebtedness. This defense was based upon the theory, as we assume, that on account of inability to locate plaintiff their suspicion was aroused, and they had the right to eject him for nonpayment of his bill. — 22 Cyc. 1075; Beale on Innkeepers and Hotels, c. 9. The case does not require a
No reversible error appearing, the judgment of the court below is affirmed.
Affirmed.