Bainton v. Board of Education
57 Misc. 2d 140, 292 N.Y.S.2d 229, 1968 N.Y. Misc. LEXIS 1437
Opinion
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 The rule that a jury may not impeach its own verdict is no longer applicable in respect to misconduct outside the juryroom (People v. De Lucia, 20 N Y 2d 275; cf.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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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).
57 Misc. 2d 140 (Bainton v. Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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