WILEY v. INDUSTRIAL ACCIDENT COMMISSION (1936)

District Court of Appeal, Second District, Division 2, California.

WILEY v. INDUSTRIAL ACCIDENT COMMISSION et al.

Civ. 10982.

Decided: September 05, 1936

F. Britton McConnell, of Los Angeles, for petitioner. Everett A. Corten and Emmet J. Seawell, both of San Francisco, for respondent Commission. Willis I. Morrison, of Los Angeles, for respondent Universal Pictures Corporation and American Motorists Insurance Co.

Petitioner seeks to review a decision of the Industrial Accident Commission by which she was denied compensation for the death of her husband, George H. Wiley, who was killed while landing in an airplane at a location of his employer, Universal Pictures Corporation.

Mr. Wiley was employed as art director and had designed a set for the photographing of a picture to be known as “Storm Over The Andes.” He went to inspect the set in an airplane driven by Charles Stumar, chief camera man for the production. In attempting to make a landing at the location both men were killed. The facts surrounding the accident are set forth in the opinion in the case of Stumar v. Industrial Accident Commission (Cal.App.) 60 P.(2d) 557, this day filed. The essential facts of the two cases are similar and the same principles of law are applicable to both cases.

For the reasons stated in the opinion in Stumar v. Industrial Accident Commission the order of the commission denying compensation herein is annulled and the matter remanded to the commission for further proceedings not inconsistent with the views hereinabove expressed.

WOOD, Justice.

I concur: CRAIL, P. J.