Fidelity Title & Trust Co. v. Dubois Electric Co.

Background

A man named Pancoast was walking in a street under an election banner when a chimney fell and a brick struck him, causing a serious skull fracture. The banner had been hung between a hotel and a bank by a defendant who first used a rope, then replaced it with his own wire cable wrapped around the hotel chimney. Five days later, someone strung electric lights along the wire and, during stormy weather, the banner dragged the chimney over.

Reasoning

The key question was whether the person who put up the banner remained responsible for the risk it created. The Court reviewed conflicting evidence but treated the case as the jury could have found based on the plaintiff’s version. It concluded the installer had created and arranged a dangerous condition and had continued to handle the banner, so it could not avoid liability simply because control might have shifted briefly. The instruction given to the jury — that the installer would not be liable unless it had explicitly agreed to keep the banner safe — was incorrect.

Real world impact

Because the jury’s verdict was supported by evidence, the Court reversed the appeals court and affirmed the trial court’s judgment for the injured man. The decision makes clear that people or companies who put up structures or decorations over public ways can remain responsible for dangers they create. It protects travelers injured by such hazards and prevents appellate courts from overturning jury findings when evidence supports liability.