English

Appellant William English sued respondents Marin Municipal Water District and Pacific Cascade Land Company, Inc., for injuries sustained when appellant was riding his motorcycle uphill on a path or trail across Cascade’s and onto the district’s property. At the crest of a hill and at or near the common boundary there was a 25-foot precipice which the complaint characterized as “the trap at the top of the hill.” This was the result of an excavation made in grading a level area to accommodate a large water tank. The complaint charged that respondents knew or were chargeable with knowledge that numerous cyclists used the trail for recreational purposes and that the hazard was such that the landowners had a duty to provide some “notice, fencing, or other protective device” to warn cyclists of the danger of propelling themselves over the sudden drop. On discovery, appellant admitted he had entered respondents’ properties for recreation; that neither respondent had expressly invited him to enter; that he had paid no money or other consideration for his use of the property; and, that the failure of respondents to take precautionary or warning measures was neither wilful nor…