Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.

I agree with Parts I and III of Judge Heaney’s opinion but I do not agree with Part II. The road was built by the defendant, Gifford-Hill solely for its own business operations. Large gates were installed at either end of the road to exclude the public but these gates were frequently left open in order that oil drilling operations could be conducted on the property. Because of *1320these operations the cable gate in question was installed. The decedent was aware of the cable, and he knew that access to this road was sometimes denied by raising the cable. It is not contended that the decedent was…