Famous Players Lasky Corp. v. Industrial Accident Commission

RICHARDS, J.

The petitioners herein apply for a writ of review whereby they seek to have reviewed and annulled a certain award made by the respondent Commission in favor of one Harvey M. Pugh for injuries alleged to have been received by the latter while acting under the special employment and direction of the petitioner Famous Players Lasky Corporation. There is no material dispute as to the facts out of and in connection with which the injuries suffered by said Pugh arose. In March, 1923, the Famous Players Lasky Corporation was engaged in producing a moving picture film upon the Monterey peninsula, in the course of which certain scenes were to be filmed at Pebble Beach near Carmel. It was deemed desirable by the representatives of the corporation to secure the use of two aeroplanes to fly within the range of the camera during these scenes in order to give the desired effect. In seeking to procure these aeroplanes the representatives of the corporation came into communication by telephone with the Williams Brothers Aircraft Corporation of San Francisco, which had at times operated a commercial flying field at San Carlos, but which was chiefly engaged in the business of the manufacture of aeroplane accessories and which had a few aeroplanes in stock at said place which were used by it mainly for experimental flights in testing out aeronautical devices and equipment. They had no pilots on their regular staff but when the request came from the Lasky Corporation they agreed to furnish them two aeroplanes for which they agreed to find pilots for a total charge of ninety dollars for the planes and pilots for the day. They accordingly s.ent the two aeroplanes, each with a pilot, one of which was Pugh, and each accompanied with a member of the Aircraft Corporation. The only direction given to the pilots was that they were to fly from the San Carlos field to a polo field at or near Del Monte, where they were to report to the Lasky Corporation for instructions. This they did, and after some

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little delay were taken by the representatives of the Lasky Corporation over to the point at Pebble Beach where the scenes were being filmed and where their flight was to take place. Arriving there the pilots were directed by those in charge of the filming to look through the camera to get its range of vision and to direct their flight accordingly so as to come within the picture. This they did, but after making one trial flight and landing were told that their planes would have to fly farther out and lower in order to be in the picture. It was Pugh’s better judgment that to' fly lower would be dangerous but he finally yielded to the request of the representative of the Lasky Corporation to bring his flying down to seventy-five feet in order to come within the scene. While making this flight the plane struck an air pocket and crashed to the ground, killing the representative of Williams Brothers, who was a passenger with him, and seriously injuring Pugh. It would seem that after reaching the scene of the flight neither of the members of the Williams Aircraft Corporation exercised any control or direction over either of the pilots and all of their instructions as to the time, place, and method of their flight were given them by the representatives of the Lasky Corporation.