Where the jury upon
any civil trial has remained for at least 3 hours in deliberation and all of
the jurors are unable to agree as to the verdict to be given or the answer to
be given to any question submitted to them by the court or judge, or as to the
amount of damages to be assessed, the decision of 5 of them if the jury
consists of 6 jurors at the time when the decision is made; or the decision of
4 of them if the jury consists of 5 jurors or of 4 jurors at the time when the
decision is made; as to the verdict, answer, or assessment, shall be taken and
entered as the verdict, answer, or assessment, of the whole of the jury.