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Bainton v. Board of Education

57 Misc. 2d 140 Court Supreme Court, Appellate Term, Second Department, Decision date 1968-05-29 English

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p. 140
Rose Bainton, as Guardian of the Infant, Robert Bainton, Respondent, v. Board of Education of the City of New York, Appellant, et al., Defendant.
Supreme Court, Appellate Term, Second Department,
May 29, 1968.
J. Lee Rankin, Corporation Counsel (Edmund B. Hennefeld of counsel), for appellant. Samuel A. Locker for respondent.

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 The rule that a jury may not impeach its own verdict is no longer applicable in respect to misconduct outside the juryroom (People v. De Lucia, 20 N Y 2d 275 ; cf.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