This was' a civil action instituted by the plaintiff to recover of the defendant damages on account of the death of plaintiff’s intestate by reason of defendant’s negligent operation of an automobile. The ease was first tried before his Honor, W. C. Harris, at the June Civil Term, 1932, of the Superior Court of Wayne County, the jury having answered all the issues in favor of the plaintiff, and upon the coming in of the verdict the judge presiding, on motion of counsel for plaintiff, ordered that the verdict on the third issue as to damages be set aside and that a new trial be had upon that issue. The defendant appealed to the Supreme Court from the said order and judgment made *830at said June Civil Term. Tliis Court beld tbat the appeal was premature. Thereafter, at the October Term, 1932, of said Superior Court, a retrial of said third issue as to damages was had before his Honor, Henry A. Grady.
It was agreed by counsel for plaintiff and defendant, subject to the approval of the court, that the record and transcript of case on appeal submitted to the Supreme Court on appeal from said judgment at the June Civil Term, which the Court held to be premature, shall constitute a part of the record of this case on appeal, and that all exceptions taken in said former appeal shall be treated as exceptions in this appeal, and that the record submitted and printed in said premature appeal together with the record and case on appeal upon the appeal from the judgment rendered at the October Term, 1932, upon the trial of said third issue as to damages, shall constitute the entire record and case on appeal in this case.
It was further stipulated and agreed by counsel for appellant and appellee that the briefs in said former premature appeal prepared and filed in the Supreme Court in that premature appeal shall, subject to the approval of the court, be valid briefs in this appeal upon the points covered by them.
"When this case was called for trial, it appearing to the court that at a former trial the first and second issues were answered in favor of the plaintiff and, that the court set aside the verdict upon the last issue as to damages and the case was heard solely upon the question of damages.
We have examined the record of the trial heretofore had and we think there was sufficient evidence to be submitted to the jury. We see no error on that record. We see no error on the present record as to the question of damage on the third issue. On both records we can see no prejudicial or reversible error. In the judgments rendered there is
No error.