Raich

Appeal by defendant Aldon Construction Co., Inc., from an adverse judgment in an action for alleged wrongful death. The action arose from the death of Leo Raich, caused by a fire which resulted when a trench digger operated by him in the construction of a sewer struck a submerged casing-head gasoline pipe in a public street. Plaintiffs Anna Raich, Leo’s widow, and Ann Raich, his minor daughter, brought the action against defendants Aldon Construction Co., Inc., Pioneer Plaza, Inc., Engineering Service Corporation, and Crescent Development Company. The cause was tried by the court sitting without a jury.

Aldon Construction Co., Inc., referred to as Aldon and Pioneer Plaza, Inc., referred to as Pioneer Plaza, were engaged in subdividing two tracts of land in Norwalk and in work incident to the construction of a sewer system therein. They had possession and control of the tracts. The tracts were intersected by Pioneer Boulevard. Legal title to the tracts was held by Pioneer Plaza. Aldon was the general contractor of Pioneer Plaza. On August 18, 1949, Aldon contracted in writing with the County of Los Angeles to construct the sewers in streets in the tracts according to plans and…