Lehnen v. E. J. Hines & Co.

Citations

• 88 Kan. 58
• 127 P. 612
• 1912 Kan. LEXIS 15

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial—Special Questions for Jury—When Request Should Be Made. It is competent for a court to make reasonable rules regulating- the time within which parties desiring the submission of special interrogatories shall present them to the court. Ordinarily they should be presented early enough to enable the court to revise and the opposing party to examine them before the jury is charged or the argument by counsel is begun, and under the circumstances of the present case it is held that the refusal of the court to submit the special interrogatories when they were requested was not an abuse of discretion or prejudicial error.</p> <p>2. Hotel—Guests—Responsibility of Proprietor. Where a person is received in a hotel as a guest the law implies a contract between the proprietor and the guest that the proprietor, by himself and his servants and agents, will exercise reasonable care for the safety, convenience and comfort of the guest, and that the guest on his part will observe the recognized proprieties of life and refrain from any boisterous or other conduct offensive to other guests or which would bring the hotel into disrepute.</p> <p>S. - Same. A hotel keeper is responsible to a guest for the acts of his servants in charge of a hotel whether the particular acts' were expressly authorized or not, providing the servant was acting, in behalf of the proprietor at the time and within the general scope of his employment.</p> <p>4. Hotel Proprietor—Responsible for Acts of Night Clerk. A night clerk left in charge of a hotel, with authority to receive guests, assign them to rooms, preserve order, and generally look after the hotel during the night, has the implied authority to eject guests from their rooms in order to- preserve peace and order; and if the clerk undertakes to eject a guest from his or her room, and uses force and violent language, and summons the police, and directs the police to make an arrest and place the guest in jail, such