
    MARY E. SMITH et al., Respondents, v. SALT LAKE CITY RAILROAD COMPANY, Appellant.
    Constitutional Law — Jury Teial — Veedict by Nine Jueoes.
    
      Held, that by the constitution and laws of the United States and by the laws of the territory of Utah, a verdict found by 9 out of 12 jurors in a civil case was good, affirming the decision of the territorial supreme court in the case of Hess v. White, 33 Pac. 243, 9 Utah 61.
    (No. 611.
    Decided Feb. 6, 1896.
    43 P. R. 919.)
    Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge.
    
    Action by Mary E. Smith and others against the Salt Lake City Railroad Company. Judgment for plaintiffs, and defendant appeals.
    
      Affirmed.
    
    
      Rmolins & Oritchlow, for appellant.
    
      Pence é Allen, for respondents.
   Zane, C. J.:

This in an appeal from a judgment of the district court of the Third district and from an order refusing a new trial. The case was tried under the territorial government. The sole question submitted for our decision is whether a verdict of 9 out of 12 jurors was legal, under the constitution and laws of the United States and the laws of the Territory of Utah. In the case of Hess v. White, 9 Utah 61, 33 Pac. 243, the supreme court of the late territory held that the statute of the territory, authorizing a verdict by 9 or more jurors, was valid. That decision has been affirmed by the same court in other cases, and this court affirms the same decision. The judgment and order appealed from are affirmed. Costs are awarded against defendant.

BaRtch and Miner, JJ., concur.  