Railroad Reports Volume 14

Railroad Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...such a mathematical computation, if forJury... they, as men of intelligence, knew how to make it. It was for them to find the facts, and then to use methods of computation applicable to them. Exceptions overruled. LATHROP, J. (dissenting). I am unable to agree with the opinion of the majority of the court, that the suggestion of the judge in regard to an annuity did not prejudice the defendant. To my mind, it was clearly the duty of the judge, as the matter had been called to the attention of the jury by the counsel for the plaintiff, to state to them what the rule of law was; and this duty was not performed by suggesting for their consideration whether a certain other rule was not a more reasonable one. As the matter was left to the jury, they might adopt either the suggestion made by the counsel for the plaintiff, or that made by the judge, or any other they saw fit. Cases ought not to be tried in this way. No evidence was introduced at the trial upon which the cost 'of an annuity could be based. The plaintiff was earning nine dollars a week while she worked. There was no evidence-of her probable length of life, or the cost of an annuity which would give her nine dollars a week. In the absence of-evidence, the jury were left to grope in darkness. There R Cas Rooney v. New York, etc., R. Co are, without doubt, authorities which allow the admission in evidence of standard life tables, which show at any age the probable duration of life, for the purpose of aiding the jury in estimating the probable duration of the life of the person injured or killed by the negligence of another. Railroad Co. v. Putnam, 118 U. S. 545, 556, 7 Sup. Ct. 1;_ Sauter 2/. Railroad Co., 66 N. Y. 50; McDonald v. Railroad Co., 26 Iowa, 124,140; Railroad C0....show more

Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236768116
  • 9781236768117