City of Pineville v. Asher

Opinion of the Court by

Judge Cammack;

— Reversing.

The appellee, Mrs. L. T. Asher, brought this action against the City of Pineville to recover damages for injuries which she alleged she sustained when the heel of one of her shoes caught in a depression in a city sidewalk. She charged that the accident happened as a result of negligence on the part of the City and through no fault of her own. The City denied the allegations of the petition in the first paragraph of its answer and set up a plea of contributory negligence in the second paragraph. The plea of contributory negligence was not denied…