Gasque v. . Asheville

SCHENCK, J., took no part in the consideration or decision of this case. This was an action for actionable negligence, brought by plaintiff against defendant, alleging damage. Plaintiff alleged that by reason of stepping into a water meter on the street, and it belonging to defendant, he had been injured by the negligence of the defendant. The defendant denied the material allegations of the complaint and set up the plea of contributory negligence. Notice of the claim of plaintiff against defendant was duly filed as required by the statute.

The evidence on the part of plaintiff was to the…