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’s directed verdict and the Court of Civil Appeals, holding that the evidence was sufficient to raise genuine issues of negligence and proximate cause that must be decided by a jury, and that the defense of voluntary assumption of risk is no longer available in negligence actions, being subsumed under contributory negligence.