Saturday, October 29, 2022

Mistrial Ordered in Case of Hinnant vs Tide Water Power Company, Oct. 29, 1922

Mistrial Is Ordered in Big Damage Suit. . . Jury Unable to Agree in Case of Hinnant Against Tide Water Power Company

A mistrial has been ordered in superior court in the case of Hinnant against the Tide Water Power company, in which relatives sought $45,000 damages for the death of Motorman Hinnant, who lost his life in a collision between trains of the defendant company on the Wrightsville sound trestle two years ago.

The jury, after several hours’ deliberation, was unable to agree.

At a previous hearing a verdict of $15,000 was awarded the plaintiff, but this verdict was later set aside and a new trial ordered. Rountree and Carr appeared for the defense, while former Judge E.K. Bryan represented the plaintiff.

According to the evidence, Hinnant was motorman of an outbound passenger train, proceeding as an extra to Wrightsville Beach to take up its early morning run.

As this train reached Wrightsville station, a freight car, approaching from the opposite direction, moved out on the trestle and proceeded to Harbor Island to discharge garbage collected from the beach.

Hinnant piloted his train on the trestle, and was apparently unaware of the freight, although the motorman of this train is said to have stopped and sounded his whistle, as well as attempting to reverse.

The passenger train, moving at fair speed, crashed into the freight, killing Hinnant, and so seriously injuring Ticket Agent Morton that his leg was amputated.

The accident occurred 900 feet from the beach end of the Wrightsville trestle.

From the Wilmington Morning Star, Oct. 29, 1922

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