W. J. Kiely & Co. v. John B. Dickey

John B. Dickey was injured by a sign which fell from the side of a building and struck him while he was standing on a sidewalk. W. J. Kiely & Co. was named a defendant because it was the general contractor performing certain repairs and alterations to the building; Fine Foods Operating Co. was named as a defendant because it was the tenant of the building; George Robb was also named as a defendant because he was the painting subcontractor. At the conclusion of a jury trial, the judge directed verdicts in favor of Fine Foods and Robb. Ruling upon W. J. Kiely & Co.s motion for directed verdict was reserved and it was ultimately denied after the jury returned its verdict in favor of plaintiff, Dickey. Final judgment was entered upon the jurys verdict for the plaintiff, Dickey, and against W. J. Kiely & Co. The instant appeal is from that judgment.