Opinion
May 11, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
The employer was a service organization established to furnish entertainment to the armed forces of the United States. It was operating under the direction of the army. The decedent was a musician hired as a member of an entertainment troupe. The troupe was organized in New York City and was enroute to the Pacific theatre of operations. The decedent and the other members of the troupe were required to stop over in San Francisco, Cal., pending army orders for transportation to the Pacific bases. They were billeted at a hotel which was provided by the army where they were assigned rooms. They were required to be in uniform at all times, and to respect regulations. They were required to return to their hotel at certain times each day to check on orders. They were subject to call at any time. They were permitted and urged to go sight-seeing around the city, to keep posted on current events and to look for things that could be used to entertain the soldiers. All expenses were provided for and they were paid full weekly wages. About nine o'clock in the evening decedent went to an opera house some ten blocks from the hotel to see a friend who was a musician. His friend was out and he started to walk back to the hotel. While crossing a street he was struck by an automobile and received injuries which caused his death. The purpose of decedent's visit to his friend does not appear but there is some testimony which suggests the inference that he might have been in search of music to be used in connection with the troupe's entertainment. The evidence supports the finding of the board that decedent's accident arose out of and in the course of his employment. Decisions and award unanimously affirmed, with costs to the Workmen's Compensation Board.