Adams v. Cumberland Inn Co.

• Decision Date: 16 April 1907
• Citation: 101 S.W. 428,117 Tenn. 470
• Parties: ADAMS v. CUMBERLAND INN CO.
• Court: Tennessee Supreme Court

101 S.W. 428

117 Tenn. 470

ADAMS v. CUMBERLAND INN CO.

Supreme Court of Tennessee.

April 16, 1907

Appeal from Circuit Court, Campbell County; G. McHenderson, Judge.

Action by W. C. Adams against the Cumberland Inn Company. From a judgment in favor of defendant, plaintiff appeals. Reversed and remanded.

Agee & Peters and L. H. Carlock, for appellant.

Owens & Lindsay, for appellee.

SHIELDS J.

W. C Adams sues the Cumberland Inn Company to recover damages for personal injuries sustained by him upon these facts:

The Cumberland Inn Company, a corporation under the laws of Tennessee, was the owner of a brick hotel, three stories high, fronting 50 feet upon one of the principal streets of the city of La Follette, and 100 feet long, built in 1898 which it had leased to Mrs. Harmon, who was in possession and personally carrying on therein a hotel business. The hotel was not furnished or equipped with balconies and ladders on the outside, or with ropes or ladders in the several rooms or other appliances to enable those occupying it to escape in case of fire. It had only one stairway leading from the third story, and that was located in the rear part of the building. The plaintiff was boarding with Mrs. Harmon, and had occupied one of the front rooms in the third story for six months previous to May 10, 1904. Upon said day, at an early hour in the morning, the entire building was consumed and destroyed by fire. Plaintiff was in his room at the time, and when he awoke and discovered the fire it had proceeded to such an extent that it was impossible for him to go to the rear, where the stairway was located, and there descend; but he was compelled, in order to save his life, to jump from the window of his room in the third story into the street, whereby he sustained serious personal injuries. The negligence relied upon to sustain the action is the failure of the Cumberland Inn Company to furnish and equip the hotel with fire escapes, ropes, and ladders as provided for by sections 1, 2, and 9, of an act passed by the General Assembly on March 18, 1899 (chapter 178, p. 352, Acts 1899), and an ordinance of the city of La Follette in force at the time of the fire.

The case was tried upon a plea of not guilty, and upon the conclusion of the entire evidence, upon motion of the defendant, the trial judge instructed the jury to find a verdict in favor of the defendant, which was done; and from a judgment thereon, dismissing the plaintiff's suit, he has prosecuted an appeal in the nature of a writ of error to this court, and assigns this action of the trial court as error.

Chapter 178, p. 352, of the Acts of 1899 is entitled "An act to provide for the better protection of life against fire in hotels and lodging houses in the state." Sections 1, 2, 3, and 9 of this act are the only ones here involved, and are in these words:

"Section 1. Be it enacted by the General Assembly of the state of Tennessee, that it is hereby made the duty of every keeper or proprietor of every hotel or lodging house in the state over two stories in height to provide and securely fasten in every lodging room above the second story which has an outside window, and is used for the accommodation of guests, or employés, a rope or rope ladder for the escape of the lodgers therein in case of fire, of at least one inch in diameter, which shall be securely fastened within in each room, as near a window as practicable, and of sufficient length to reach therefrom to the ground on the outside of such hotel or lodging house, and made of strong material, and as secure against becoming inflamed as practicable. Such rope or rope ladder shall be kept in good repair and condition. In lieu of a rope or rope ladder there may be substituted any other appliance that may be deemed of equal or greater utility by the fire department or other authority as may have control of fire regulations in the city or town where such hotel or lodging house is located, but such appliance shall in all cases be so constructed as to be under the control and management of any lodger in such room.

Sec. 2. Be it further enacted, that every hotel or lodging house in this state, over three stories in height, shall be provided without delay with permanent iron balconies, with iron stairs leading from one balcony to the other, to be placed at the end of each hall above the third story in case such hotel is over one hundred and fifty feet in length, and in other cases such number as may be directed by the fire department or such other authority as may have the control of fire regulations in city or town where such hotel or lodging house is located. Such balconies and iron stairs shall be constructed at the expense of the owner of such hotel or lodging house.

Sec. 3. Be it further enacted, that it shall be the duty of every such proprietor or keeper of any hotel or lodging house to call attention to the fact that this act has been complied with, and the part of such room where such coil or rope or rope ladder is fastened."

"Sec. 9. Be it further enacted, that all hotels or lodging houses hereafter constructed in this state, over two stories in height, and over one hundred feet in length, shall be constructed so that there shall be at least two stairways for the use of guests leading from the ground floor to the upper story." The ordinance of the city of La Follette is as follows:

"Fire escapes shall be attached to all buildings, those now erected as well as those hereafter to be erected, where any story or stories, above the second story, is now or shall be hereafter held, used or occupied, specially and distinctly as hotels, taverns, factories, tenement houses, schools, academies, offices, lodgerooms, dwelling houses, or as places for general public meetings, or for the purpose of theatrical or operatic representations; and any owner or agent failing or refusing to attach

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