Donis v. Sawyer

Chris D. Haleston owned Paramount Drug Co, a drug store located at the northwest corner of Broadway and Salmon Street in Portland. Haleston’s business involved receiving photographic films from customers and entrusting their development to Sawyer Service, Inc., a company engaged in film development and printing. In turn, Sawyer supplied Haleston with advertising material related to film development and printing.

Haleston placed an order with Sawyer for an interior sign. However, before the sign was delivered, Haleston embarked on a trip to New York from Portland and was absent for several weeks. In his absence, V.J. Marincovich took charge of Haleston’s store as the manager. During this time, Cyril Justin, the advertising manager for Sawyer, arrived with the sign and requested Marincovich to designate its placement. Marincovich declined the request. Consequently, Justin proceeded to hang the sign on the exterior wall of the building, facing Salmon Street, approximately eight to ten feet above the sidewalk.

He mentioned that Marincovich gave his approval for the chosen location. The sign, measuring 14 by 20 inches, was made of metal and prominently displayed the words “Developing and Printing” in large letters. Below these words, there was a picture of a Kodak film carton. Interestingly, the sign did not bear the name of the Sawyer Company. It was suspended by two hooks from an iron bracket, with the vertical part securely fastened to the masonry wall using three screws. These screws, measuring one and three-fourths inches in length, were driven into holes that were partially filled with lead slugs. As the screws were inserted, they tightly compressed the lead in the holes. Additionally, a chain was attached to the outer end of the bracket’s arm, providing further stability. The other end of the chain was secured to the wall at a slightly higher point than the bracket’s level. The presence of the chain helped to steady the arm. Altogether, the sign and its bracket weighed approximately eight pounds.

Around a month after Justin securely fastened the sign in place, he returned to inspect it and found it still secure. Over the following seven months, Justin passed by the sign several times without feeling the need to give it any attention. There was no charge for the sign or the service of installing it. When Haleston returned from New York, he noticed the sign but allowed it to remain. Two months before the accident, one of the two hooks holding the sign gave way. Once Marincovich was made aware of this, he made the necessary adjustment.

Justin admitted that he didn’t inspect the sign during his visits to Broadway and Salmon Street simply because he never thought it would require inspection.

Then, during a severe windstorm on February 18, 1931, the bracket somehow broke loose from the building. The falling sign struck Lillian Donis, who was walking along Salmon Street, causing her injury. This unexpected accident led to a financial crisis for the company, as the jury awarded the victim $6,000. To raise the award money, some partners had to mortgage their homes, and the company’s cash position was negatively impacted for a considerable period.