Scott

In this personal injury action, plaintiff had a verdict and recovered judgment in the amount of $15,000 against defendants E. L. Yeager Construction Company (hereinafter Yeager) and Southern California Gas Company (hereinafter Gas Company). Defendants appeal.

Although the Gas Company contends that there is no evidence of its negligence and both defendants contend that plaintiff was contributorily negligent and assumed the risk as a matter of law, the controlling issue is presented by defendants’ contention that plaintiff’s recovery is barred by the “fireman’s rule.”

The Facts

Plaintiff was employed as chief of the Palm Desert Volunteer Fire Department by the State of California, Department of Conservation, Division of Forestry. He had special training in firefighting and was paid on the basis of the number of calls he actively participated in. On October 27, 1965 he was severely burned by the ignition of gas escaping from a gas main belonging to the Gas Company which had been ruptured by an employee of Yeager.

The County of Riverside had contracted with Yeager for the installation of curbs, gutters and street paving in the approximate area of the intersection of…