House v. Davis

Citations

• 124 Miss. 485
• 86 So. 849

Syllabus

<p>1. Intoxicating Liquors. Action is maintainable against hotel for loss of suit case containing intoxicating liquors.</p> <p>Where a person brings an action against a hotel for the loss of a suit case in which was a bottle of intoxicating liquor carried in violation of chapter 189, Laws 1918, it is no defense in such action that such liquor was carried therein in violation of the law, as to the value of the suit case, a suit case not being within the terms and purview of section 5 of that act, which undertakes to denude certain articles used in violation of law of property rights.</p> <p>2. Constitutional Law. Criminal statute construed in harmony with Constitution.</p> <p>A criminal statute will not be extended by construction to embrace things not within its terms and purview, and will, if reasonably possible, be construed so as to make it constitutional.</p> <p>3. Innkeepers. Liability of hotel for loss of baggage held not limited to statutory amount.</p> <p>Where a suit case was turned over to a hotel porter to be carried to a hotel, and where such porter had authority from the hotel to solicit and receive such suit case, and where it .was carried by such porter to the hotel and lost after the owner became a guest of the hotel, the liability of the hotel is not limited to twenty-five dollars by section 2067, Hemingway’s Code (chapter 137, Laws 1912) but comes within.the exception in said act making the hotel liable as at common law for its value.</p> <p>4. Innkeepers. Liability for baggage before owner becomes guest is that of bailee for accommodation.</p> <p>Where a hotel authorizes its porter to solicit baggage from prospective guest, and a person places his baggage with such porter to be carried to and kept at a hotel, and such baggage is lost by the negligence of the hotel or its servants prior to such owner of the baggage registering as a guest, or becoming a guest by contract with such hotel, the hotel’s liability for such loss is that of a bailee for ac