Webster v. Culbertson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that Arizona courts may follow the Restatement when the result produces a “sound and fair policy”
• reversing summary judgment in favor of a landowner who placed a barbed wire fence across an open wash that subsequently injured an individual \who saw the fence when he and his horse were approximately ten feet from it but . . . was unable to stop his horse in time\
• “In the typical ‘trespasser’ case, plaintiff may not recover unless the landowner has been guilty of some willful or wanton disregard for the plaintiff’s safety.”
• trespasser generally may not recover unless landowner “has been guilty of some willful or wanton disregard for the plaintiff’s safety”
• “In the absence of law to the contrary, Arizona follows the Restatement.”
• issue not raised and argued in opening brief is waived

Source: CourtListener parenthetical corpus (CC0).