LAMBERT V. SOUTHERN COUNTIES GAS CO.
52 Cal.2d 647 (1959)
NATURE OF THE CASE: This was a dispute over a lost tractor.
FACTS: Lambert (P) sued for damages for the loss of his rented tractor when it was
destroyed by fire after striking and puncturing a gas pipeline less than 15 inches under the
surface of the ranch property. Count one of P's complaint alleged negligence by the renting
ranch owners and count two concerned the alleged negligence of the gas company (D) for
permitting its pipeline to remain so close to the surface. D demurred. It was sustained on
the grounds that P had pleaded their own contributory negligence under section 402 of the
vehicle code; every owner of a vehicle is liable and responsible for damages from the
negligent operation of that vehicle. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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