Jensen v. Maricopa County

OPINION

HOWARD, Judge.

The issue to be resolved in this case is whether Arizona’s “open range” rule exonerated the County from warning of the possible presence of cattle on its highway. The issue was decided below in favor of the County on a motion for summary judgment.

On May 25, 1971 at approximately 9:30 p. m., appellant, riding a motorcycle, collided with a black steer approximately one-half mile west of the intersection of In dian School Road and 91st Avenue in Phoenix, Arizona. The affidavits and depositions in support of and in response to the motion for summary judgment revealed that at…