Atlanta, Birmingham & Coast Railroad v. Thomas

1. Special assignment of error (ground 2) is without merit. At about 1 a. m., the jury having retired to consider their verdict at about 11 o’clock the evening before, the court caused the jury to be returned into the court-room, when the following colloquy occurred: The judge: “Gentlemen, have you agreed upon a verdict?” Foreman: “No.” Judge: “Gentlemen, if you desire to sleep some I’ve arranged with the bailiff to take you to his house and sleep you and give you breakfast and bring you back in the morning to consider the case further.” Juror: “The majority would rather sit up and consider…