Military Highway Water Supply Corp. v. Morin

A possessor of land who allows an excavation to remain on the land owes a duty to persons who encounter the excavation after (1) traveling with reasonable care on the highway and (2) foreseeably deviating from the highway in the ordinary course of travel. Restatement (Second) of Torts § 368 (1965). In City of McAllen v. De La Garza, 898 S.W.2d 809, 811 (Tex.1995), we concluded that a traveler who deviates from the highway is not “in the ordinary course of travel” unless the deviation is a normal incident of travel. The deviation in that case — in which the car traveled approximately 250 feet…