#### Elmer S. Eppstein, Defendant in Error, v. M. & M. Hotel Company, Plaintiff in Error.

Gen. No. 20,628.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Hugh J. Keabns, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed March 8, 1915.

Statement of the Case.

Action by Elmer S. Eppstein, plaintiff, against M. & M. Hotel Company, a corporation, defendant,- to recover judgment for clothes and a handbag alleged to have been stolen from plaintiff’s room in defendant’s hotel.

Defendant’s contention was that plaintiff was a permanent lodger and not a transient guest and that therefore it was not to be held to the liability of an innkeeper but that its relation was. merely that of lodging house keeper.

On the submission to the jury of a special interrogatory embodying this issue, it found that plaintiff was not a permanent lodger and judgment was rendered for plaintiff. To reverse this judgment, defendant prosecutes this writ of error.

*604Abstract of the Decision.

1. Innkeepers, § 3*—when evidence sufficient to show guest not permanent lodger. Evidence examined and held sufficient to warrant finding that plaintiff was a transient guest and not a permanent lodger.

2. Municipal Court op Chicago, § 26*—when exclusion of statement not error. In an action in the Municipal Court of Chicago it is not error to exclude as evidence an amended statement of claim not signed by plaintiff and subsequently withdrawn.

Joseph D. Irose, for plaintiff in error.

Aaron B. Eppstein, for defendant in error.

Mr. Justice McSurely

delivered the opinion of the court.