Oliver Wendell Holmes, Jr.

“ The defendant's employer if he told the truth not only did not intermeddle but might be found to have expressly required the defendant to take the responsibility. All the probabilities are that such control as there was remained with the defendant. The defendant got more than it was entitled to when the jury were instructed that even if the fall was due to negligence in putting up the banner, the defendant would not be liable unless by arrangement it had assumed a continuing duty to maintain the banner in a safe condition. ”

“ A man is not free to introduce a danger into public places even if he be under no contract with the persons subjected to the risk.
It hardly is denied that there was evidence of negligence, but it ws held by the Circuit Court of Appeals that the defendant's relation to the work ceased when the banner was hung, that it had no further control over it and was not liable for what happened thereafter. ”

“ The same considerations apply to civil liability for personal injuries from similar causes that would have been avoided by reasonable care. See Gray v. Boston Gas Light Co., 114 Mass. 149, 19 Am. Rep. ”