Cammarano v. Gimino

Mr., Justice Thomson

dissenting: I do not concur in the foregoing decision of this case. As a general rule', a civil action for damages is not affected by the record of a criminal prosecution previously had, involving the same event as that upon which the civil suit is based, and the criminal record is not conclusive in the civil case, as to the facts involved. This rule is laid down by the various text-writers, as set forth in the majority opinion and followed in many decisions, a number of which are cited in the opinion. But this general rule may not be applied in all situations, and, in my…