Alhambra Bowl, Inc. v. Ledbetter Sign Co.

VAN DYKE, J.* This appeal is taken from a judgment rendered in favor of plaintiff in an action brought to recover damage to a building in Sacramento caused by fire. The only issue presented on appeal is as to the sufficiency of the evidence to sustain the judgment.

The building housed a series of bowling alleys. Offset against the front or western face of the building was a vertical sign pylon, holding on either side neon-lighted lettering spelling the word “Bowling.” The pylon ran from slightly below the level of the second floor of the building upward to a point a little above the outer wall of a third story penthouse atop the main structure. The pylon was [779]hollow so as to permit workmen to work inside on the wiring to the lettering which was served by four transformers inside the pylon, each transformer furnishing energy to a part of the sign. These transformers converted the 110-115 volt house current to 12,000-15,000 volts of low amperage. Access to the interior of the pylon at its lower end was gained through a grilled panel located inside the west or front wall of the second story. Throughout the period involved appellant was under contract with the building owners to service and maintain the neon sign in good working order. A fire occurred in the building on August 4, 1958. About a month previously respondent began its annual cleanup of the premises, and to permit painting the front of the building appellant removed the neon lettering forming the sign. When the painting was completed, which was done about the end of the first week of July, appellant was contacted and asked to reinstall the lettering and put the sign in condition to operate. Responsive to this request, appellant sent its workmen to the premises. They entered the pylon through the panel and worked on the sign for some time, after which they notified respondent that the sign was in working order and could be turned on. That evening respondent’s night porter turned on the switch to activate the sign, went outside and noted that the sign was properly lighted, and left. He placed the time at which he did this as between 8 :15 and 8:45 p.m.

Shortly before 9 o’clock a battalion fire chief patrolling the area discovered that the neon sign was smoking. He turned in a fire alarm at 9 :04 p.m., and then went to the building to await the response of firemen. A witness who worked across the street from the building observed that the sign had been lighted and then, a little later, saw that the lettering was going out, at which time the witness noticed smoke coming out of the pylon near the lower letters of the sign. When the firemen arrived, smoke was observed pouring out of a grill above the front door and beneath the sign. The firemen went up to the room on the second floor which contained the entry panel to the pylon. Under the instructions of the chief they “axed out’’ the panel and smoke and flames poured into the room. The chief testified that when he entered the second floor with his men, he went to the panel and noticed flames behind the openings in the grill work; that when the panel was removed he saw the flames come out into the room; that at that time the whole area inside the pylon was involved