Larson (P) was walking on the public sidewalk on Post street near the St. Francis Hotel (D) in San Francisco on V-J day, August 14, 1945. Just after stepping out from the marquee, P was hit on the head by a heavy overstuffed armchair, knocked unconscious, and injured. No one saw where the chair came from, nor was there any identification that the chair belonged to D. P sued and used res ipsa loquitur reciting the above facts. The judge granted a nonsuit in favor of D. P appealed.