Larson v. St. Francis Hotel Dist. Ct. Of App. Of Cal.,

83 Cal. App. 2d 210, 188 P.2d 513 (1948)

Facts

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.