O''brien V. Middle Rio Grande Conservancy District

Plaintiff was riding a "dirt bike", which we understand to be a vehicular device not licensed for use on public roads. Either plaintiff, or the bike, or both, struck a cable stretched across defendant's service road, on which plaintiff was traveling, and plaintiff was injured. The cable was attached to two railroad ties used as posts. The trial court concluded that this barrier "was negligently erected with the knowledge and consent of the Defendant, and negligently maintained by" defendant, and awarded damages to plaintiff for his injuries. Defendant appeals. We divide the issues into those involving (1) liability apart from the Tort Claims Act, and (2) liability under the Tort Claims Act.