Pekus

Plaintiffs, owners of a restaurant on Highway 18 at Rim Forest, San Bernardino County, brought this action against defendants for alleged negligence in the use of a welding torch in cutting a hole in a steel plate in plaintiffs’ building, causing the building to catch fire and be severely damaged. The complaint by the plaintiffs, David A. Pekus and Neva E. Pekus, husband and wife, hereinafter referred to as “Pekus,” alleges negligence on the part of defendants, Lake Arrowhead Boat Company, a corporation, and Edi Juan, an individual, hereinafter referred to severally and collectively as “Arrowhead Boat *862 Co., ’ ’ in performing work of cutting' a ■ metal plate with a gas-fired cutting torch which started a fire that damaged their property. Defendants answered, denying the allegations of the complaint and alleging the affirmative defenses of contributory negligence and assumption of risk. The pretrial conference order incorporates separate pretrial statements of the parties which state the issues to be negligence and contributory negligence, thus apparently eliminating the assumption of risk defense.

The action came on regularly for trial before a jury. Defendants requested…