Revis v. City of Asheville

The issuable fact arising upon the pleadings in this ■case, pertinent to this appeal, is whether the defendant, the city of .Asheville, in its construction, operation, and maintenance of a swimming ;pool in a recreation park, was engaged in a business enterprise for profit •or in the performance of a governmental function. "Whether the defendant carried accident and liability insurance upon its amusement devices and facilities, particularly the swimming pool, was no more than a probative fact, the allegation of which the judge, in the exercise of his discretion, could order stricken from the…