This section contains the nature of the case and procedural background.

Lambert (P) sued for damages for the loss of his rented tractor when it was destroyed by fire after striking and puncturing a gas pipeline less than 15 inches under the surface of the ranch property. Count one of P's complaint alleged negligence by the renting ranch owners and count two concerned the alleged negligence of the gas company (D) for permitting its pipeline to remain so close to the surface. D demurred. It was sustained on the grounds that P had pleaded their own contributory negligence under section 402 of the vehicle code; every owner of a vehicle is liable and responsible for damages from the negligent operation of that vehicle. P appealed.

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