Anderson

This is a wrongful death action brought by the surviving heirs of Leland Anderson and Larry Lentz, two members of the Ferndale Volunteer Fire Department who were killed while attempting to extinguish a fire on Coppini Lane near Ferndale, California. Plaintiffs alleged that the defendant, Pacific Gas and Electric Company, had installed along the east side of Coppini Lane certain uninsulated electric wires carrying high voltage current up to approximately 12,000 volts; that the defendant had maintained these wires in such a negligent manner as to allow a cypress hedge below the wires to grow into, around and in contact with the wires, thereby concealing them from view; that on February 2, 1959, at approximately 8:45 in the evening, a fire was discovered in the hedge, and the Ferndale Volunteer Fire Department promptly responded to the alarm and attempted to extinguish the blaze; that plaintiffs’ deceased were electrocuted when the ladder which they were using came into contact with certain of the wires buried in the hedge.

The defendant answered, denying negligence and affirmatively pleading contributory negligence and assumption of risk on the part of plaintiffs’ deceased. After a…