Martell v. Harlou, Inc.

Glennon, J: (dissenting).

Plaintiff, an actor, instituted this action to recover damages for personal injuries alleged to have been sustained by him to his left arm and shoulder when he slipped and fell in a pool of water about six or seven inches in diameter while dancing on the stage of defendant’s theatre, as he was making a temporary exit toward the wings while participating in a vaudeville act. The dance step was, according to plaintiff, “ a side shuffle, where you exit in tune to the music, one foot over another, out to the left stage.”

In describing the accident, he said: “ Well, I…