136 Ga. 555 | Ga. | 1911
-Mrs. Jessie Daffron, administratrix of Joseph Daffron, sued the Alabama Great Southern Railroad Company to recover damages for the alleged wrongful death of her husband, who was a fireman in the employment of the defendant at the time of his death. After the case had been submitted to the jury and they had been deliberating upon the same for about twenty-four hours, they were called into the court-room, and inquiry was made by. the judge whether they had agreed upon a verdict, or were likely to agree; and upon being informed that they had not agreed, the court said: “I regret exceedingly, gentlemen, for you to fail to make a verdict in this case, and trust 'that you will come together on the facts',” and, after instructing them that they were the sole judges of the facts and that the court could not render any assistance in solving the facts of the case, the court said: “You will first determine, as I have before stated, whether or not there should be a recovery; and if you determine there should be, you will settle the amount if you possibly can. If you determine there should not, then you will find for the defendant company. Now, gentlemen, see if you can not get together.” The jury returned to their room and about twenty-four hours thereafter they were again called into the court-room, when the following colloquy occurred between the court and the jury: Judge: “Gentlemen of