# 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/9682207

## 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 Reavley
- **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/9682207

## 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

REAVLEY, Justice
(dissenting).
I agree with what Justice Walker has written. Aside from the proximate cause question, it will be an improvement to have the trier of fact include in the determination of contributory negligence that aspect of fault which we presently label as assumption of risk or volenti non fit injuria. However, there are volenti considerations, beyond the reservations expressed in the Court’s opinion, that bear upon the legal determination of duty.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682207. Public record. Not legal advice.