Legal Opinion

Hester v. Traction Co.

Supreme Court of North Carolina

Decided May 2, 1905PublishedCited by 27 opinions

Ac'tioN by W. D. ITester against Durham Traction Company heard by Judge Henry R. Bryan and a jury at the October Term, 1904, of the Superior Court of Dukhak County. Erom a judgment in favor of the defendant, the plaintiff appealed.

1Opinion of the CourtClark, C. J.

Tbe plaintiff owns tbe lot wbicb occupies tbe apex of the acute angle wbicb lies at tbe junction of Main and Cliapel TIill Streets in tbe city of Durham. Tbe defendant by permission of tbe Board of Aldermen of tbe city laid a curved track to pass from one street to tbe other, as per below diagram:

This track was located and laid under tbe direction of the street commissioner who made bis report to the Board of Aldermen, tbe expenses of the work being borne by tbe defendant. This curved track was used in tbe summer in tbe evenings from 6:30 until the cars went to tbe barn for tbe night about 11…

2Cases cited12 opinions

  1. Moose v. . CarsonSupreme Court of North Carolina · 1889
  2. Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
  3. Tate v. City of GreensboroSupreme Court of North Carolina · 1894
  4. White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
  5. Smith v. City of GoldsboroSupreme Court of North Carolina · 1897

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3Cited by27 opinions

  1. Sexton v. . Elizabeth CitySupreme Court of North Carolina · 1915
  2. Purser v. LedbetterSupreme Court of North Carolina · 1946
  3. Green v. MillerSupreme Court of North Carolina · 1912
  4. Butler v. F. R. Penn Tobacco Co.Supreme Court of North Carolina · 1910
  5. Dunning Ex Rel. Sowers v. Forsyth Warehouse Co.Supreme Court of North Carolina · 1968

22 more not listed; retrieve them via the Exa API.

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