Tuesday, August 2, 2016

James Clayton SPEAR sues for loss of eye (1953)

source: Danville Gazette (Danville, Indiana) - issue of Thursday, November 26, 1953 - page 1, column 3:

A rye beard which destroyed the sight of his eye is the basis of a suit for $15,000 filed Friday in circuit court by James Clayton Spear, age 19, against Eugene Mitchell, Cleo Worrell, and Lester Worrell. Since the plaintiff is under age, the suit was filed by his father, Herman Spear.

According to the complaint, the defendants operate a grain threshing business. It is alleged that young Spears, who lives south of North Salem, was employed by the defendants on July 1, 1953, and was threshing grain on the Everett Hardwick farm, 5 miles northwest of Danville, when a rye beard got in his eye.

The complaint avers that it was necessary to remove the injured eye and install an artificial eye.

The suit charges that the defendants failed to comply with the state Workmen's Compensation Act and did not carry insurance on their employees.

NOTE: According to Hendricks County Circuit Court order book 103 (18 September 1954 - 15 October 1955), on September 28, 1954, in case #19454 (James Clayton Spear b/n/f Herman Spear vs. Eugene Mitchell, Cleo Worrell & Lester Worrell), the jury found for the defendants. The plaintiff was ordered to pay for the court costs.

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