
    City and Suburban Railway Company v. Marscher.
    Argued January 25,
    Decided March 3, 1898.
    Action for damages. Before Judge Falligant. Chatham superior court. March term, 1897.
    
      Saussy & Saussy and Barrow & Osborne, for plaintiff in error.
    
      G. B. Whatley and McAlpin & LaRoche, contra.
   Lewis, J.

The charge of the court complained of, on the subject of mistrials by juries, while improper, did not require a new trial in this case; and this being the second verdict of the jury for the plaintiff, and the same being sustained by the evidence, the judge of the superior court did not err in overruling the certiorari and refusing a new trial.

Judgment affirmed.

All the Justices concurring.  