Hester v. . Traction Co.

The plaintiff owns the lot which occupies the (289) apex of the acute angle which lies at the junction of Main and Chapel Hill streets in the city of Durham. The defendant, by permission of the board of aldermen of the city, laid a curved track to pass from one street to the other, as per below diagram.

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