Albuquerque Hilton Inn v. Haley ( 1977 )

SOSA, Judge,

dissenting.

I respectfully dissent.

Although I agree with the majority’s interpretation of § 49-6-1, N.M.S.A.1953 (Repl. Vol. 7, 1966), I would not apply that statute under these circumstances. In my opinion a constructive bailment arose when Albuquerque Hilton Inn accepted custody of the plaintiff’s luggage, transported by an independent carrier at Texas International Airlines’ request. Plaintiff was a paying guest, thus the bailment was one for hire. See Shamrock Hilton Hotel v. Caranas, 488 S.W.2d 151 (Tex.Civ.App.1972); cf. Kula v. Karat, Inc., 531 P.2d 1353 (Nev.1975). Thus I concur with the court of appeals and I would reverse the judgment of the trial court with direction to reinstate the case for trial.

PAYNE, J., concurs in this dissent.