...trains approaching the railroad crossing. Appellants also contend that Restatement (Second) of Torts section 368 (1965) places a common law duty on appellees to...., 174 N.W.2d 672 (Iowa 1970). But appellants' reliance on Restatement (Second) of Torts section 368 is misplaced. Since this section is directed at possessors of land, it is...used in section 368, the semi-trailers would not violate section 368 unless they posed an unreasonable risk to travelers who may accidentally be brought into contact with them. Applying the same analysis to the creamery buildings, we find Restatement (Second) of Torts section...

...general rule applicable to this case was found in the Restatement (Second) of Torts, section 368: "A possessor of land who...accidentally brought into contact with such condition while traveling with reasonable care upon the highway, is subject to liability for physical harm thereby caused to [them]." Restatement of Torts (Second..., 522 N.E.2d 215 (1988). The City is subject to the Local Governmental and Governmental Employees Tort Immunity Act (the Act) ( 745 ILCS 10/3-102 (West 1994)). Section 3-102(a) of the Act...

...myriad analytical approaches to duty, but settled on that set forth in the Restatement (Second) of Torts Section 368 (1965), which asks whether the driver was one who "foreseeably deviat[ed] from... Lissette M. Malaquias et al. v. Abilio A. Borges et al. No. 20071849B. Commonwealth of Massachusetts Superior Court...before the court on Defendant Helen Ascrizzi's Motion to Dismiss. Plaintiffs' son died in June 2006, as the result of a rather unusual accident involving faulty brakes, entry into the backyard of a...

...traveling on the highway, or (b) foreseeably deviate from it in the ordinary course of travel." 2 Restatement (Second), Torts § 368 (1965). Section 368(b) applies to this case. The trial court concluded, on the basis of the...from the shoulder of the road. The Restatement (Second) of Torts sets forth the duty owed to travelers of public roads by adjacent landowners. "Conditions Dangerous to Travelers on Adjacent Highway. A...no indication of the possible content or what facts would disprove the factual predicates of § 368 of the Restatement of Torts The party opposing a motion for summary judgment...

.... As the appellate court noted, section 368 of the Restatement (Second) of Torts "has guided Illinois courts in their consideration of landowners' duties toward travelers on adjacent highways...traveling on the highway, or (b) foreseeably deviate from it in the ordinary course of travel." (Restatement (Second) of Torts § 368, at 268 (1965).) Section 368...." ( 193 Ill. App.3d at 666.) Section 368 provides: "A possessor of land who creates or permits to...

.... In De La Garza, this Court applied section 368 of the Restatement (First and Second) of Torts to hold that the City did not owe a duty to De La Garza as a matter of law...City under the circumstances of the case." 898 S.W.2d at 812. Section 368 of the Restatement (Second) of Torts defines the.... Restatement (Second) of Torts § 368. In De La Garza, we stressed that this section speaks to a duty only to those persons "who...

...structure on the land intended to prevent such deviation and so to promote use and enjoyment of the property. Section 368 of the Restatement (Second) of Torts aids...in that analysis, returning us to concerns of foreseeability. Section 368 provides that an adjacent property owner should be so responsible when the deviation is foreseeable in the ordinary course of travel. (Restatement (Second) of Torts § 368...(1965).) Official comments e and h of section 368 indicate that the concern is twofold. Courts should examine whether the owner of the land, as a reasonable person, would expect travelers to deviate from the highway in the ordinary course of travel. (Restatement (Second) of Torts § 368...

.... Id. 186 S.W.2d at 957. While the Court in City of Fort Worth was not called upon to decide the issue, section 368 of the Restatement (First) does address the situation in which a traveler deviates from a pre-existing roadway and encounters an excavation. Section 368 imposes a duty only when the injured party was traveling with reasonable care on the highway when the deviation occurred. The Restatement (Second) of Torts subsequently...course of travel. RESTATEMENT (SECOND) OF TORTS § 368. Comment g to section 368 of the Restatement (Second) explains the concept of "in the...are not. RESTATEMENT (SECOND) OF TORTS § 368 cmt. g. Thus, a traveler is not "in the ordinary course of travel" unless the deviation from the road is a normal incident of travel. Other courts, faced with a variety of factual situations, have found the rationale of section 368...

.... In considering a landowner's duty toward travelers on adjacent roadways, our analysis must begin by looking to the Restatement (Second) of Torts (1965). Section 368 provides...." Restatement (Second) of Torts § 368, at 268 (1965). As our supreme court acknowledged in Ziemba, "Section 368 presents the well-established... Appellate Court of Illinois, Fifth District. Opinion filed November 7, 1996...

...resulting from the vehicle leaving the roadway and coming in contact with an artificial condition adjacent to the roadway. In Boylan, the court relied, in part, on section 368 of the Restatement (Second) of Torts when..., 726, 423 N.E.2d 519, 523.) As stated in comment g of section 368 of the Restatement (Second) of Torts, "[t]he distinction is thus...trial court's granting of summary judgment for the defendant and, in applying section 368 of the Restatement (Second) of Torts, regarded the swerving off of the public...

...dismissing the officer's complaint. Here, plaintiff did not actually enter onto defendant's premises. She correctly argues that section 368 of the Restatement (Second) of Torts, and... (b) foreseeably deviate from it in the ordinary course of travel." Restatement (Second) of Torts § 368 (1965). See Largosa v. Ford Motor Co., 303 Ill. App. 3d 751, 754 (1999). This section makes... a falling scaffold, the fire fighter's rule and section 368 of the Restatement (Second) of Torts bar her from recovering from Urban for negligence. Under section 383...

...stated in section 368 of the Restatement (Second) of Torts, which provides: "A possessor of land who creates or permits to remain thereon an excavation or other... (b) foreseeably deviate from it in the ordinary course of travel." (Restatement (Second) of Torts § 368, at 268 (1965).) As plaintiff correctly observes, section 368.... As Justice Jones noted in his special concurrence in Lemings, "[t]hese policy matters are expressed in section 368 of the Restatement (Second) of Torts, and accordingly there is no question that...

.... Appellant presents four issues for review, claiming the trial court erred in granting appellee's motion for summary judgment because: (1) it failed to properly apply Section 368 of the Restatement (Second) of Torts, (2...negligence liability. Id. The Supreme Court of Texas has defined duty in situations such as the one now before us by relying upon Section 368 of the Restatement (Second) of Torts. See...(a) are traveling on the highway, or (b) foreseeably deviate from it in the ordinary course of travel. . . . Restatement (Second) of Torts § 368 (1965). At...

...summary judgment directed at count I of plaintiff's fourth amended complaint. The issues presented on review are: (1) whether OMC owed plaintiff a duty under section 368 of the Restatement (Second) of Torts; (2..., the circuit court granted OMC's motion for summary judgment finding no duty was owed to plaintiff pursuant to section 368 of the Restatement (Second) of Torts. The court also found no reason to...may come in contact with artificial conditions on the land, Illinois courts have been guided by section 368 of the Restatement (Second) of Torts. (Restatement (Second) of Torts § 368 (1965...

.... Also pertinent is section 368 of the Restatement (Second) of Torts, which states the general rule of law applicable to factual situations similar to this one, involving artificial conditions near a...nature of the condition itself, its accessibility, and the extent and character of the use of the highway, must be taken into account." Restatement (Second) of Torts § 368, comment h, at 271 (1965). The application of section 368...) foreseeably deviate from it in the ordinary course of travel." (Restatement (Second) of Torts § 368 (1965).) The official comments to the Restatement further...

.... Therefore, we hold BWCDD had no duty under § 345 to warn Amsden of the open irrigation box. III. Restatement (Second) of Torts § 368 ¶12 Similarly, Amsden argues BWCDD owed him a duty of care under § 368 of Restatement (Second) of Torts because it was foreseeable that he would deviate from his travel on the highway to assist another motorist in peril. Section 368...travel. Restatement (Second) of Torts § 368 (1965). Section 368 is unavailing in this case because immunity under the Salladay doctrine would bar relief...doctrine did not provide BWCDD immunity, and, relying on § 368 of the Restatement (Second) of Torts, disputed whether he was a trespasser. The superior court found the Salladay doctrine applied...

...; Hoffman, 97 Ill. App.3d 721. Both Boylan and Hoffman relied on section 368 of the Restatement (Second) of Torts, which...deviate from it in the ordinary course of travel." (Emphasis added.) Restatement (Second) of Torts § 368 (1965). In this case, the utility pole in question was....) (Restatement (Second) of Torts § 368 (1965); Hoffman, 87 Ill. App.3d 721.) Since it was not reasonably foreseeable that Gouge would strike this utility pole, we do not...

...the adjoining highway. After a review of section 368 of the First and Second Restatement of Torts, the Supreme Court concluded that where an artificial condition is created so near an existing roadway..., the De La Garza court focuses on section 368 of the RESTATEMENT (SECOND) OF TORTS which the Texas Supreme Court has followed. See, e.g...course of travel. According to comment g, section 368 of the RESTATEMENT (SECOND) OF TORTS as adopted in the De La Garza opinion: [The...

...begin with section 368 of the Restatement (Second) of Torts (Restatement (Second) of Torts § 368 (1965)), which has guided Illinois courts considering such issues. ( Ziemba, 142 Ill.2d at 48.) Section 368... (b) foreseeably deviate from it in the ordinary course of travel." (Restatement (Second) of Torts § 368, at 268 (1965).) Two...with an artificial condition on FS property near the highway so as to fall within the landowner's duty imposed by the Restatement (Second) of Torts. Nor was he an invitee of FS so as to benefit from a...

..., it was held that "liability under Section 368 [of the Restatement (Second) of Torts] for creating a dangerous water runoff condition on a public highway must be preceded by some actionable...argues that the trial court erred in granting summary judgment because Fazio's claim "falls within" Section 368 of the Restatement (Second) of Torts, which provides as follows... (b) foreseeably deviate from it in the ordinary course of travel. Restatement (Second) of Torts § 368 (1965) (emphasis added). In support of...