(DOWNLOAD) "Rogers v. City of Asheville" by Court of Appeals of North Carolina No. 7228DC40 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rogers v. City of Asheville
- Author : Court of Appeals of North Carolina No. 7228DC40
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff offered evidence which tended to show that on 17 April 1970 at about 9:45 a.m. she and her daughter walked to the courthouse by way of the sidewalk on the south side of College Street. It was misting rain, the sidewalk was wet, and the plaintiff and her daughter were sharing an umbrella. The sidewalk was concrete or cement, approximately eight to ten feet wide, and plaintiff had walked on this particular sidewalk many times before. Plaintiff had previously seen water meter boxes while walking on the sidewalk, but she had never fallen before. Plaintiff testified that ""[T]here's a lot of meters along there because the old McIntyre Building had been torn down."" On her way to the courthouse, plaintiff walked on or in close proximity to the place where she fell, but she did not notice anything wrong with any of the cement located adjacent to where the lid was. The lid was flush with the surface of the sidewalk, and she did not notice any rust on the surface of the lid. On her return from the courthouse, and as she approached the spot where she was injured, plaintiff did not notice anything unusual about the lid itself. The metal meter cover, approximately a foot to a foot and a half in diameter and made of cast iron, was still lying flush with the sidewalk. When plaintiff stepped on the lid of the water meter box, it turned without warning, and her right leg went down in the hole full of muddy water. The lid pinned her leg, and she fell to the ground. After she fell, plaintiff then ""observed that the lid was rusted and broken off, the rim that holds the lid"" and ""the rim on the concrete was cracked or broken."" Plaintiff testified, ""I could not see any rust anywhere on or near or about the lid until after I fell. . . . Before I was injured I at no time saw anything visibly wrong with the water meter lid or any of the sidewalk surrounding it.""