Benny Farley, a Minor, by and Through His Next Friend, Charles Ballman, Petitioner v. M M Cattle Company, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the evidence was sufficient to raise issues of employer negligence and proximate cause, and that the defense of voluntary assumption of risk is no longer available in negligence actions. The case was remanded for a new trial. Justice Walker, Justice Steakley, and Justice Reavley dissented, arguing the evidence does not support proximate cause and that the assumption of risk doctrine should not be abolished.