Coca-Cola Bottling Works v. Harvey

This was an action for damages by appellee against appellant upon a claim that, through the appellant’s negligence, she had suffered personal injuries. The issues were closed by an answer in general denial. The cause was submitted to a jury for trial. After it had deliberated upon a verdict for ten hours, the jury reported to the court their inability to agree. The court determined that there was no probability of all the members of the jury agreeing, and on its own motion, caused the jury to be conducted into open court, and instructed it that when five-sixths or more of the jury have agreed…