[Download] "Rudolph v. Elder." by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Rudolph v. Elder.
- Author : Colorado Supreme Court
- Release Date : January 09, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
In the interest of brevity and for better understanding, we trust, we pause in our recital of the evidence at this point to consider certain contentions of the defendants which are determinative of the degree of care as to the plaintiffs safety legally imposed upon them. They assert that in using the rear entryway plaintiff was a trespasser or, at most, a mere licensee, who was obliged to take the premises as she found them and that defendants owed her no duty except that of refraining from active negligence rendering the premises dangerous. We understand it to be unquestioned as a matter of law that a hotelkeepers duty to keep his premises reasonably safe for the use of his patrons extends to all portions of the premises to which a guest may be reasonably expected to go. 14 R.C.L., p. 508, ? 14; 32 C.J., pp. 562-563, ? 70. In urging this point we feel defendants overlook the fact that at all times herein involved the plaintiff was a guest of the hotel and that, as we have seen, legally her status as such existed as to all parts of the hotel in which her presemce might reasonably be anticipated by the defendants. The resolution of this matter, involving, as it does, questions of fact, was solely for the jury, and obviously the crucial point is whether, under the circumstances disclosed by the evidence, defendants might have reasonably expected plaintiff, as a guest of the hotel, to use this rear entryway. This factual situation renders impertinent the consideration of many of the questions, argued at length by defendants, which ordinarily are involved in determining whether a strictly non-guest injured on hotel premises technically is a trespasser, licensee or invitee. For this reason such authorities as Hooker v. Routt Realty Co., 102 Colo. 8, 76 P.2d 431, and similar cases are wholly inapplicable to the case at bar.