Montijo

In 1925 appellant was the owner of a four-passenger cabin airplane of the biplane type. Respondent was engaged in producing moving pictures. In the fall of 1925 respondent was filming a picture known as “Partners Again”, one of a “Potash and Perlmutter” series. The plot of the story included an act which involved an airplane and an automobile rushing toward each other at rapid speeds with the airplane avoiding a collision by zooming over the automobile and just missing it. This was characterized as a “stunt” which was intended to give a “thrill” to an audience by the apparent and actual danger to those participating in it.

Respondent engaged appellant to use his airplane in this stunt for a compensation of $100 per day, or $50 an hour if the airplane was out of its hangar for more than two hours on any one day.

Ray Cushman was the owner of a Cadillac automobile of the touring car type. It was generally used for the purpose of transporting moving picture actors and properties from studios to places where scenes were filmed. Samuel Diege conducted an auto rental service in Hollywood under the name of “Sammy’s Rental Service”. He furnished automobiles and drivers to moving picture…