Joseph McKenna

Name: Miller v. Strahl — Opinion of the Court
Author: Joseph McKenna

Summary

“Miller v. Strahl — Opinion of the Court”, is a work by Joseph McKenna. It explores elements such as hotel, error and guests.

Quotes from Miller v. Strahl — Opinion of the Court (Joseph McKenna)

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ The command of the statute is that in case of a fire the keepers of hotels must give 'notice of the same to all guests and inmates thereof at once, and to do all in their power to save such guests and inmates.' Could the statute exact less? It is the dictate of humanity, and gets nothing from its expression as a legal obligation except a penalty for its violation, and the facts of the case reject any charge that it was enforced to the extent of risk of the life of anybody or to the injury of anybody. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ We need not pause to consider differences between the value of lives to the state, or whether one life is more precious than another to the state, or of more concern to the state to preserve than the other. It is quite certain that he who assumes duties may be required to perform them. When plaintiff in error engaged in the business of hotel keeper he undertook its obligations, and we need not consider whether the statute exacts from him and his employees heroic conduct, and not much more need be said in answer to the contentions of plaintiff in error. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ If the action of a clerk under such circumstances would be a discharge of duty to one guest it would be a discharge of duty to many guests; if to men, then to women and children, and the tragedy which might result appalls the imagination. But to one or many the duty to investigate when the existence of a fire is indicated or suspected is clear. It is to be remembered that in the case at bar there were indications of fire at 1:30 A. M., and that at 3:30 defendant in error awoke to find the halls filled with smoke. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ It may be true, as counsel says, that 'men are differently constituted,' some being 'abject cowards, and few only are real heroes;' that the brains of some people work 'rapidly and normally in the face of danger while other people lose all control over their actions.' It is manifest that rules could not be prescribed to meet these varying qualities. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ It was one of the purposes of the statute to preclude such extremity. It requires careful inspection of conditions, especially through the night, to detect the existence of fire, and prompt action if it is detected. Had these requirements been observed in the present case, defendant in error would not have been permitted to sleep in a burning hotel for two hours until means of escape were cut off by the density of the smoke and the absence of the employees of the hotel from their posts-except by a rope, which proved too weak to sustain his weight. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ Plaintiff in error contends further that the statute 'is lacking in due process of law' because 'it fails to prescribe any fixed rule of conduct.' The argument is that the requirement 'to do all in one's power' fails to inform a man of ordinary intelligence what he must or must not do under given circumstances. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ Failure to maintain a competent night watchman; that the hotel was not properly patrolled, examined, or inspected, and that its employees negligently failed to be at their posts of duty to respond to the warnings given them.
(2) Plaintiff in error did not maintain an efficient or sufficient system of fire gongs for arousing guests, that he did not, as soon as the fire was discovered, ring or cause to be rung a fire gong on the fourth floor, or ring or cause to be rung a telephone in the room of defendant in error, or in any other way awaken, arouse, or notify him of the existence of the fire. ”

[↩︎]

Source: Wikisource

Joseph McKenna, Miller v. Strahl — Opinion of the Court

“ Such watchman shall be on duty between the hours of 9 o'clock P. M. and 6 o'clock A. M., and in case of fire he shall instantly awaken each guest and all other persons therein, and inform them of such fire. ”

Joseph McKenna

Summary

Quotes from Miller v. Strahl — Opinion of the Court (Joseph McKenna)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature