Marshall v. Ranne
Texas Supreme Court
511 S.W.2d 255 (Tex. 1974)
Ranne's (defendant) hog escaped and was roaming on Marshall's (plaintiff) farm; despite knowing the hog was dangerous, Marshall left his house to drive into town and was attacked and bitten on the hand as he walked to his car. Marshall sued Ranne for his injuries, testifying he had seen the hog charge before, though it had never caused damage. The trial court found Marshall assumed the risk by leaving his house knowing the hog was dangerous and ruled for Ranne, and the court of civil appeals affirmed; Marshall appealed.
Whether a plaintiff's acceptance of a risk is voluntary when the defendant's tortious conduct has left the plaintiff no reasonable alternative to exercising a right the defendant had no right to deprive him of.