Trulock v. Willey

Citations

• 187 F. 956
• 112 C.C.A. 1
• 1911 U.S. App. LEXIS 4265

Syllabus

<p>1. Innkeeper (§ 10*) — Action for Negligence — Questions for Jury.</p> <p>In an action by a guest of a hotel against the owners to recover for an injury caused by his falling down an elevator shaft, the door to which was open, where the testimony of the employes in charge of the elevator was to the effect that they left the door closed, whether it was left open through the negligence of defendant’s servants or of some third person was a question for the jury.</p> <p>[Ed. Note. — For other cases, see Innkeepers, Dee. Dig. § 10.*].</p> <p>2. Innkeepers (§ 10*) — Liability for Injury to Guest — Duty of Care for Safety of Guest.</p> <p>There is an implied undertaking on the part of the proprietor of a hotel that a guest shall be treated with due consideration for his safety, and the proprietor is held to the exercise of a very high degree of care for the protection of his guests against the negligent acts of his servants.</p> <p>[Ed. Note. — Por other cases, see Innkeepers, Cent. Dig. §§ 14, 15; Dec. Dig. § 10.*]</p> <p>3. Innkeepers (§ 10*) — Action for Injury to Guest — Contributory Negligence.</p> <p>Where plaintiff, a guest in defendant’s hotel, while carrying a large bundle of laundry and a heavy suit case, was injured by falling down an elevator shaft, the door of which was open and without protection, the question of his contributory negligence was one for the jury under the facts shown by the evidence.</p> <p>[Ed. Note. — For other cases, see Innkeepers, Cent. Dig. §§ 14, 15; Dec. Dig. § 10.*]</p> <p>4. Trial (§ 295*) — Instructions.</p> <p>An appellate court cannot take an excerpt here and there from a general charge to the jury and make that a basis of error, but the charge in its entirety must be considered, and, if upon the whole it fairly states the law, the case will not be reversed.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 703-717; Dec. Dig. § 295.*]</p> <p>5. Innkeepers (§ 10*) — Action for Injury to Guest — Evidence of Negligence