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Marshall v. Ranne

Texas Supreme Court
511 S.W.2d 255 (Tex. 1974)


Facts

Ranne’s (defendant) hog escaped from his farm and was roaming on Marshall’s (plaintiff) farm. Marshall, knowing that the hog was dangerous, left his house to go into town. When Marshall was walking to his car, the hog attacked and bit his hand. Marshall sued Ranne for his injuries. At trial, Marshall testified that he had seen the hog charge on other occasions, but the hog had never done damage. The trial court ruled that Marshall had assumed the risk by leaving his house because he knew that the hog was dangerous. The trial court thus ruled in favor of Ranne. The court of civil appeals affirmed. Marshall appealed.

Rule of Law

Issue

Holding and Reasoning (Pope, J.)

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