WORKMEN'S COMPENSATION - INJURIES "ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT''

Plaintiff, an employee in defendant's mill, helped to organize a baseball team among defendant's employees. The defendant furnished the initial equipment for the team at a cost of approximately $450, but thereafter had little to do with controlling its policy or management. Defendant's employees were given no additional compensation or privileges for playing on the team; practice sessions were held after working hours; and all ball games were scheduled on Sundays. Plaintiff was injured in an automobile accident while returning from one of the Sunday games and sued for compensation under the state workmen's compensation act for injuries "arising out of and in the course of the employment." Held, since the defendant's only connection with the ball club was a charitable or benevolent interest in promoting the social life of the workers, the injury to the plaintiff could not be said to arise out of and in the course of his employment.

Pate v. Plymouth Mfg. Co., 198 S. C. 159, 17 S. E. (2d) 147 (1941).