Balboa Amusement Producing Co. v. Industrial Accident Commission

WORKS, J.,

pro

tem.

The Balboa Amusement Producing Company was engaged in the making of motion pictures and Henry Stanley was an actor employed by it. On the day of the accident out of which this controversy arises, Stanley reported to the company for duty at the usual time in the morning, but was told that his services were not then needed. However, the rules of the business required him to remain at the plant of the company, or on the “lot,” to adopt the parlance of the motion picture industry, for possible service during the day. The situation of the company’s lot was peculiar, and out of the peculiarity arises the question to be decided in this proceeding. Parts of the plant occupied the four corners of intersecting streets in the city of Long Beach and the two thoroughfares were constantly used by the officers and employees of the company in passing between the portions of the plant on the respective corners in the discharge of their duties. On the morning of the accident, after reporting for service, Stanley crossed one of the streets, proceeding from the place where he had reported to a dressing-room on one of the other corners. His purpose in going to the dressing-room was to change his coat, merely for his own comfort, after which he intended to recross the street to play a game of chess in a part of the plant known as the extra room. On his return from the dressing-room he stopped in the street, where he engaged in conversation with two other employees of the

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company. The conversation was purely social and related to the private affairs of the participants in it. While the little knot of persons was congregated in the street, one of the directors of the company approached in an automobile, intending to stop at the location of the group. In attempting to stop his car the driver accidentally struck the accelerator, with the result that the car' pitched forward, struck Stanley and injured him. He applied to the Industrial Accident Commission for relief under the Workmen’s Compensation, Insurance, and Safety Act and the commission made an award in his favor. The petitioners, admitting that the accident occurred in the course of Stanley’s employment, contend that his injuries are not compensable under the statute, for the reason that they did not arise out of the employment.