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P and David Ryals, as trespassers, went to D's switch rack for the purpose of 'stripping out' copper, brass, and other salvageable metals. They found the base of the structure to be partially stripped, one rusty warning sign, detached metals lying on the ground, dangling wires, garbage in and around the fenced area and wild vegetation growing around the fence; and that they found the gate leading into the switch rack to be 'wide open.' David contacted a 44,000-volt copper line; he suffered third-degree burns over 95% of his body and died several days later as a result. P sued D and D moved for summary judgment, and it was granted. P appealed.

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