Woolf v. City of Dallas

In Woolf v. City of Dallas, 311 S.W.2d 78 (Tex. Civ. App.--Dallas 1958), four-year-old Jackie Woolf drowned in a pool of water in a creek located on property owned by Luella Carver. The trial court granted the defendant's summary judgment, and the court of appeals affirmed the judgment. Id. The court of appeals reviewed numerous affidavits from the owner of the property and the neighbors, and concluded the testimony and affidavits show without dispute that the waterway involved was a natural creek or stream formed as a natural part of such stream by forces of nature and that it had existed in its present condition, size and depth for about fifty years without change which would alter the course of the stream or the size or depth of the pool. Id. at 87.