# Farley v. MM Cattle Company

> Texas Supreme Court · July 9, 1975 · 18 Tex. Sup. Ct. J. 398

URL: https://www.frixlaw.com/law-library/cases/9682206

## Case

- **Full name:** Benny FARLEY, a Minor, by and Through His Next Friend, Charles Ballman, Petitioner, v. M M CATTLE COMPANY, Respondent
- **Court:** Texas Supreme Court
- **Decided:** July 9, 1975
- **Citations:** 18 Tex. Sup. Ct. J. 398; 529 S.W.2d 751; 1975 Tex. LEXIS 243
- **Precedential status:** Published
- **Opinion:** Dissent by Steakley
- **Judges:** Sam D. Johnson
- **Cited by:** 335 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Parker v. Highland Park, Inc., 565 S.W.2d 512 (1978).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9682206

## How later opinions describe it (automated extraction)

- rejecting voluntary assumption of the risk as an issue in negligence cases based on the legislative adoption of comparative negligence and the "cogent and compelling reasons" stated in Rosas v. Buddies Food Store, 518 S.W.2d 534, 538-539 (Tex.1975) ("The heart of the matter is…
- holding that "cause in fact of an injury has been said to be a particularly apt question for jury determination"

## Opinion text

STEAKLEY, Justice
(dissenting).
I agree with the views expressed in the dissenting opinion of Justice Walker with respect to the problem of proximate cause. In all other respects I am in full accord with and join in the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682206. Public record. Not legal advice.