Friday, October 10, 2014

Larson v. St. Francis Hotel case brief summary


Larson v. St. Francis Hotel case brief summary

F: TC ruled in favor of D.
While P was walking on the street by the D’s hotel, P was struck on the head by a heavy furniture that came from some portion of the hotel, and injured.
I: whether furniture was under the exclusive control and management of the hotel and P’s injury would not have happened if Hotel used ordinary care
R: furniture was not under the exclusive control and management of the hotel and P’s injury would have happened anyway even if Hotel used ordinary care
A:
Hotel does not have exclusive control, either actual or potential, of its furniture. Guests have, at least, partial control. Moreover, it cannot be said that with the hotel using ordinary care the accident was such that in the ordinary course of events it would not have happened. Mishap would quite as likely be due to the fault of a guest or other person as to that of D.
C: affirmed
Co: no such control of furniture in hotel.
No exclusive control, and no ordinary person without negligence wouldn’t have occurred. (both elements are missing)

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