Pac. Emp'rs Ins. Co. v. Div. of Indus. Accidents & Safety

LANGDON, J.

This matter comes to us upon a writ to review an award of the Industrial Accident Commission, granting compensation to the employee Fiore.

The employee was a sewing-machine operator in a tailoring establishment. In the same room the “cutter” was located at a counter to which the machine operator went for materials for his work. A salesman for the employer had left his bag of golf sticks in the store. In an idle moment the “cutter” was practicing swinging one of these golf clubs at a place close to the table where he did the cutting. As Fiore approached the cutting table for mate

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rials, the swinging club struck him in the face, inflicting the injury for which the Industrial Accident Commission awarded compensation.

The facts of the case are not disputed. The respondent seeks to differentiate this case from the cases of

Coronado etc. Co.

v.

Pillsbury,

172 Cal. 682 [L. R. A. 1916F, 1164, 158 Pac. 212, 213],

Fishering

v.

Pillsbury,

172 Cal. 690 [158 Pac. 215] and

Great Western Co.

v.

Industrial Acc. Corn.,

187 Cal. 295 [201 Pac. 931], because in the instant case neither of the employees was “skylarking” or indulging in “horseplay.” There was no intent on the part of the cutter to touch or injure Fiore and Fiore was unaware, apparently, of the cutter’s exercise with the golf clubs.

However, the sole question presented is whether said injury arose out of the operator’s employment so as to be compensable. While the cases above cited may be distinguished from the instant case in some particulars, they are not distinguishable upon principle. Tbe principle of those cases is announced in the following language appearing in the opinion in