Omega Concrete had a gravel pit and factory. Access was difficult, so Omega contractewith Union Pacific Railroad (UP) for the right to use a private road that crossed UPproperty and tracks. The contract stated that use of the road was solely for Omegaemployees and that Omega would be responsible for closing a gate that UP planned Dbuild where the private road joined a public highway. In fact, UP never constructed thgate. Omega had no authority to construct the gate. Mathew Rogers, an Omegaemployee, was killed by a train while using the private road to reach Omega. Rogers’family sued Omega, claiming, among other things, that Omega failed to keep the gaoclosed as the contract required. Is Omega liable based on that failure?