83 Cal.App.2d 210 (1948)
The accident in this case occurred on August 14, 1945, in the midst of the V-J Day celebrations. While plaintiff was walking on a sidewalk next to defenant’s hotel, a chair landed on her head. No one saw where the chair came from, but it likely was thrown from the hotel’s window.
Plaintiff sued the hotel under the res ipsa loquitur theory. Although the court assumed that the chair had been thrown from inside the hotel, it refused to infer negligence under the res ipsa loquitur theory.
The court reasoned that the hotel did not have “exclusive control” over its furniture. Further, the court reasoned that the most likely explanation for the accident was that an excessively ebullient guest threw the chair from the window, which could have happened even if defendant had applied reasonable care. The court noted that, “[t]o keep guests and visitors from throwing furniture out windows would require a guard to be placed in every room in the hotel, and no one would contend that there is any rule of law requiring a hotel to do that.”