The case of D. B. Hamrick, suing the Eastside Mill for $10,000 damages for injuries sustained some time ago when a door at the mill struck his head, resulted in a mistrial, the jury failing to agree on the amount of damages to be given the plaintiff. According to one juryman, the nearest they ever came to an agreement was a vote of nine in favor of giving Hamrick his medical expenses and compensation for the time lost in the accident, and three holding out for payment by the defendant of $250.
Hamrick was represented in court by Bennett and Edwards, young lawyers of the city, while Clyde R. Hoey upheld the defense side of the argument. The evidence stated that Hamrick, while passing through a door of the mill, was seriously injured about the head, losing his hearing in one ear, as well as two weeks’ time and having his earning power diminished. He claimed wanton negligence on the part of the mill in owning a door such as the one in question, which was liable to close at any time without warning, and hence endanger the lives of the employees of the mill.
The defense claimed that any man of ordinary prudence, knowing that a door was there, would look to see if there was any danger before entering.
Judge Webb gave the case to the jury about 4 o’clock Friday afternoon, after charging them to investigate whether the injury was caused by the mill’s negligence or whether the plaintiff’s carelessness was contributory, and if they decided to award him damages, to determine the amount. They remained out something like four hours, and adjoured after it was decided that there was no possibility of an agreement. It is not known just when the new trial will be held.
From the front page of the Cleveland Star, Shelby, N.C., Monday, August 2, 1926
newspapers.digitalnc.org/lccn/sn97064509/1926-08-02/ed-1/seq-1/
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