Seaboard Coast Line Railroad v. Carter

Jordan, Justice.

This case was here before. Seaboard C. L. R. Co. v. Carter, 226 Ga. 825 (177 SE2d 683). On a second trial the plaintiff railroad moved for a directed verdict which the trial judge overruled, and the jury being unable to agree on a verdict, he declared a mistrial. The present appeal is from the overruling of the plaintiffs motion for a judgment notwithstanding a mistrial. Error is asserted on the refusal to direct a verdict for the plaintiff and on the refusal to grant judgment for the plaintiff notwithstanding the mistrial. Held:

The opinion of this court in the first appeal,…