Texas Supreme Court January 21, 2005, 03-0949 (Military Highway Water Supply Corp. v. Morin)

PER CURIAM.

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.