Ferguson
Ferguson v. Philip Morris, Inc.
Opinion
Lead Opinion
Monroetern, J.
The plaintiffs bring action for damages for personal injuries of the plaintiff Leona B. Ferguson. It is alleged in substance that Mr. and Mrs. Ferguson were the proprietors of a store building and that the individually named defendants were the representatives of the defendant Philip Morris, Inc., which was engaged in the manufacture and distribution of cigarettes. Plaintiffs alleged that although they had permitted the installation of display advertisements in the interior of the store, they had specifically forbidden the defendant company and the individual defendants from attaching any advertisements of any character to the exterior of the building. Plaintiffs alleged that in March, 1956, during their absence, the defendants attached a sign advertising their product to the exterior of the building, and that such act was in violation of their orders and constituted a trespass. It is alleged that the appearance of the sign was such that it appeared to be made of paper or cardboard, but that in fact it was made of sheet metal and that the edges were sharp. When plaintiffs saw the sign attached to the building Mrs. Ferguson was annoyed and attempted to tear it down, with the result…