Only in Texas

Today is just a straight up transcription of a squib case:

Marshall v. Ranne 511 S.W.2d 255, 260 (Tex. 1974)

The defendant’s vicious boar bit the plaintiff while the plaintiff was walking from his house to his car. The plaintiff had often complained about the boar’s vicious condition to the defendant. An expert marksman, he also had passed up several good opportunities to shoot the boar, not wanting to do such an “unneighborly thing.” At trial the jury denied plaintiff’s recovery, first because he had been contributorily negligent in not shooting the boar when he had the chance, and second because he voluntarily assumed the risk of harm.

Emphasis mine. The supreme court of Texas reversed the decision, noting that the plaintiff was forced into an involuntary choice of two evils: either remain confined in his own home, or “take the risk of reaching his car before defendant’s hog attacked him.”

I just love the idea that getting bit by a BOAR belonging to your NEIGHBOR could be even partially your own fault because you chose not to shoot the thing.

Advertisements
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s