WALTER D. NOYES
v.
MAY F. FISHER, A FREE DEALER, ET AL.
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The Florida Supreme Court affirmed a judgment for hotel owners in a negligence suit. The plaintiff was injured when stucco fell on him while he was sitting in a hotel alcove off the street, and the court found no error in the directed verdict for the defendants.
No, the trial court did not err in directing a verdict for the defendants. The judgment in favor of the defendants was affirmed.
“A writ of error was taken to a judgment in favor of the defendants in an action for damages for the alleged negligence of the defendants in allowing an unsafe condition to exist in a structure constituting an alcove at the entrance to the hotel operated by them in the City of St. Petersburg, Florida.”
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Noyes, was injured when a piece of cement stucco fell from the ceiling of a hotel alcove where he was sitting to talk with a friend. Th…
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A writ of error was taken to a judgment in favor of the defendants in an action for damages for the alleged negligence of the defendants in allowing an unsafe condition to exist in a structure constituting an alcove at the entrance to the hotel operated by them in the City of St. Petersburg, Florida. The alcove or recess opened off the street at the entrance to the hotel. The plaintiff, Noyes, was a pedestrian using the sidewalk of the street in front of the hotel, and observing a friend, who was occupying a seat in the alcove, stopped and sat down on the seat in the alcove to converse with his friend. While sitting there a part of the cement stucco, with which the recess or alcove was ceiled, broke loose and fell upon the plaintiff causing the injury of which he complained, and for which he seeks satisfaction in damages.
There was an instructed verdict for the defendants and judgment entered thereon.
This cause having been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and arguments of counsel for the respective parties, and the record having been seen and inspected, and the Court *495being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment, it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Affirmed.
Ellis, P. J., and Terrell and Buford, J. J., concur.
Wi-iitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
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Essie Steinberg and Louis Steinberg v. Irwin Operating Co., 90 So. 2d 460 (Fla. 1956)…us of an invitee only to the extent justified by the implied invitation. Eisen v. Sportogs, Inc., Fla.1956, 87 So. 2d 44; Freeman v. Levy, 60 Ga.App. 861, 5 S.E. 2d 61; Shearman and Redfield on Negligence, Vol. 4, Sec. 779, p. 1787; Noyes v. Fisher, 118 Fla. 494, 159 So. 666. On the general relationship between a hotel operator and visitors of a guest, see Williams v. Mayer, La.App., 4 So. 2d 71. [*462] Applying these rules to the case before us, it is perfectly clear that Mrs. Stein-berg enjoyed- the statu…
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Kadushin v. Philmac Realty Corp., 128 So. 2d 400 (Fla. 3d DCA 1961)…the damage to the ceiling of the card room. The summary judgment is reversed and the cause remanded for further proceedings in accordance with this opinion. Reversed. HORTON, C. J., and CARROLL, CHAS., J., concur. . The case of Noyes v. Fisher, 118 Fla. 494, 159 So. 666, held that a hotel was not liable for injury to a person (without discussing his status), who was conversing with a friend in an alcove at a hotel entrance when a part of the cement stucco in the alcove ceiling fell upon him. This same…