Massie v. Copeland

Respondents Copeland and wife sued petitioners Mrs. Lela M. Massie and her children for damages on account of the death of respondents’ fourteen year old son who was drowned while swimming in a pond or pit partially filled with water on land which was owned by W. M. Massie, now deceased, petitioners being his only heirs.

A special exception to respondents’ petition was sustained by the trial court, and the suit was dismissed when they refused to amend. The Court of Civil Appeals reversed the trial court’s judgment and remanded the cause for trial, holding that the petition presents a question…