In the case of Pacht v. Morris (107 Ariz. 392, 489 P.2d 29 (1971)), Pacht hit and killed a horse with his car. He drove off leaving the horse in the middle of the road. Another motorist alerted a police officer who stopped his police car near the horse, and shone a spotlight on it. Morris drove up, didn't notice the horse and crashed into it. The Court found that Pacht was liable, despite the fact that he could not have moved the horse himself and that the police car provided a better warning that Pacht could have.

• The Court found that Pacht's failure to take some remedial action by either warning people or removing horse prior to time Morris' vehicle struck horse was negligence and a proximate cause of Morris' injuries.