dissenting.
The church in stretching this cable across its driveway was taking action to prevent entrance upon its property which it had a perfect right to do. It, in like manner as its neighbors on this dead-end street, is undoubtedly troubled by motorists using its drive and parking lot to 'turn around in, discarding trash there or doing other mischief, and in response put the cable up to prevent such trespassing motorists from entering. One can also discern here, without fear of wronging these parties, that the cable is removed and the public invited into the driveway and parking area, when the church is open and in use. Thus the cable is at onee a physical obstacle to entrance and a signal that the invitation to enter has been withdrawn. In dealing with the unauthorized use of its driveway and parking lot, the church here is in much the same position as a shopping center or office building with appurtenant drives, walks and parking area or public parking lots, which are periodically closed to the public.
This Court in considering the duty of the owner of lands utilized in this manner, in Knapp v. Doll, (1918) 180 Ind. 526, 527, 108 N.E. 385, as noted by Judge Staton in his opinion for the Court of Appeals, stated:
*1316"If the property or a part of it has been devoted, even temporarily, to the public use, care must be taken not to render it unsafe, until proper notice at least has been given of the change; that nothing in the shape of a trap, or place likely to mislead, can be created to or through or along which the public, or even a few individuals, have been in the habit of resorting, or passing, or where there is probability that they may go, and a probability of injury from the condition." Gaboury v. Ireland Road Grace Brethren, Inc., (1982) Ind.App., 441 N.E.2d 227 at 231, n. 3.
Once an invitation to enter has been extended to the public, either expressly or impliedly, it must be withdrawn with proper notice and in a safe manner, so as not to injure those who approach the property with the intent to enter upon it.
Common sense dictates to me that a strand of cable stretched across a roadway would constitute the same type of hazard to those operating motor vehicles, as a wire stretched across a walkway would constitute to pedestrians. In the absence of a sign of reasonable size attached to it, covered with an iridescent or light reflecting material, it would be difficult to see in time to stop forward momentum. No one could fail to appreciate that without some such observable warning, the cable would upset and injure a cyclist. No one could fail to appreciate that without some such warning device a wire across a walk would trip and injure a pedestrian. The law imposes upon landowners who wish to take steps to temporarily close their properties to the public a duty to use such means and measures under the circumstances as are perceivable and understandable by one actually about to enter, so that the mind can come to an appreciation that the owner does not want him to do so, and thus command the body to turn about and go another way. The church owed such a duty to this plaintiff and a trier of fact could conclude that a breach of that duty occurred here. This plaintiff should have his day before the jury.
In plaintiff's deposition he stated:
"I didn't know there was a cable there is what I'm trying to say."
Referring to the roadway and the point where it ended and the church driveway commenced he stated in the same deposition:
"I knew it ended, but I didn't know where it ended exactly."
There is nothing inconsistent between these assertions and his affidavit that he could not ascertain where the end of the road was located, as believed by the majority in its opinion. Therefore, there are material issues of fact going to the issue of whether there was a breach of duty in the maintenance of this cable for the trier of fact.
The judgment should be reversed.
HUNTER, J., concurs with separate opinion.