Bainton v. Board of Education

Appellate Terms of the Supreme Court of New York

Bainton v. Board of Education

57 Misc. 2d 140, 292 N.Y.S.2d 229, 1968 N.Y. Misc. LEXIS 1437

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 29, 1968

StatusPublished

Cited by2 cases

This text of 57 Misc. 2d 140 (Bainton v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bainton v. Board of Education, 57 Misc. 2d 140, 292 N.Y.S.2d 229, 1968 N.Y. Misc. LEXIS 1437 (N.Y. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

It is undisputed that two of the jurors made separate and unauthorized visits to the scene of the accident. This was highly improper and so inherently prejudicial as to require a new trial. The rule that a jury may not impeach its own verdict is no longer applicable in respect to misconduct outside the juryroom (People v. De Lucia, 20 N Y 2d 275; cf. Parker v. Gladden, 385 U. S. 363).

The order should be unanimously affirmed, with $25 costs.

Concur— McDonald, P. J., Groat and Schwartzwald, JJ.

Order affirmed, etc.

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