Gettys v. Town of Marion

While it is alleged that the upright end of the hollow cylinder composing the meter box has a groove about 1% to 2 inches deep on its upper end in which the lid or cap is supposed to fit when placed thereon, there is no evidence that the cap was not in fact properly placed in the groove or that it was otherwise defective in construction or in maintenance. The plaintiff relies upon the happening of the event as evidence tending to show that the meter box top was not properly placed or was in defective condition by reason of the sand which had washed or blown on it, coupled with the fact that…