Legal Opinion

Bainton v. Board of Education

Appellate Terms of the Supreme Court of New York

Decided May 29, 1968PublishedCited by 2 opinions

1Per 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 The rule that a jury may not impeach its own verdict is no longer applicable in respect to misconduct outside the juryroom (People v. De Lucia, 20 N Y 2d 275; cf.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.

2Cases cited1 opinion

  1. Parker v. GladdenSupreme Court of the United States · 1966

3Cited by2 opinions

  1. Lopez v. Sears Roebuck and Co.Hawaii Supreme Court · 1989
  2. Varano v. FORBA Holdings, LLCNew York Supreme Court · 2013