Massey v. Meurer

Judgment, entered upon jury verdict in favor of defendant, unanimously reversed, on the law, without costs or disbursements, and new trial ordered. Notwithstanding that it appears that the plaintiffs were not seriously injured and that the verdict for the defendant is supported by the evidence, we are constrained to reverse and grant a new trial because of clear error in the admission into evidence, over objection, of proof of defendant’s acquittal on the charge of driving while intoxicated. It is well settled that “ a judgment of acquittal in a criminal prosecution is not admissible in a…