Southern California Edison Company, a Corporation v. United States

The United States brought this action to recover from appellant expenses incurred by the Forest Service in extinguishing a forest fire originating from . appellant’s right of way located in the San Bernardino National Forest. It was stipulated that the fire in question was electric in source, that it emanated from appellant’s transmission lines within the National Forest but that it was not the result of appellant’s negligence. This appeal is taken from summary judgment rendered in favor of the United States.

The Government claim was based on the provisions of the special use permit issued to appellant October 8, 1962, which granted a fifteen-foot right of way within the National Forest to maintain and operate an electrical transmission line. Condition 8 of the permit imposes on the permittee liability for damage resulting from the permittee’s use. In the printed form of permit condition 8 requires the permittee to use due diligence and obligates it to pay the United States for any damage resulting from negligence. In appellant’s permit this paragraph was stricken and a typewritten provision was inserted in its place, reading: “The permittees shall pay the United States for any…