LIFE TABLES. Statistical tables exhibit ing the probable proportion of persons will live to reach different ages. Cent. Diet.
Such tables are used for many purposes, such as the'computation of the present value of annuities, dower rights, etc.; and for the computation of damages resulting from in juries which destroy the earning capacity of a person, or those resulting from the death of a person to those who are dependent upon him.
There are a number of mortality tables in ordinary use, among *hich those most fre quently referred to, are the Carlisle, North ampton and Farr Tables, all-made from gen eral statistics, and the Combined Experience, American Experience and Thirty Omces Ex perience Tables, which are the result of life insurance statistics.
Courts can take judicial notice of the Carlisle Tables, and can use them in esti mating the probable length of life, whether they were introduced in evidence or not; Lincoln v. Power, 151 U. S. 436, 14 Sup. Ct. 387, 38 L. Ed. 224. Standard life and an nuity tables showing probable duration of life and present value of a life annuity are competent evidence ; LouisVille & N. R. Co. v. Kelly's Adm'x, 100 Ky. 421, 38 S. W. 852, 40 S. W. 452 ; City of Friend v. Burleigh, 53 Neb. 674, 74 N. W. 50; Sweet v. R. Co„ 20 IL I. 785, 40 Atl. 237 ; or as bearing on the question of compensation for permanent in jury, or in case of death to show the de ceased's expectation of life at the time of accident; Sauter v. R. Co., 66 N. Y. 50, 23 Am. Rep. 18; Coates v. R. Co., 62 Ia. 487, 17 N. W. 760. Other cases hold that it must first be shown that the individual is within the class of selected lives tabulated; Ward v. Dampskibsselskabet Kjoebenhavn, 144 Fed. 524; Vicksburg Railroad, Power & Mfg. Co. v. White, 82 Miss. 468, 34 South. 331.
The condition of the person's health must be taken into account ; Camden S; A. R. Co. v. Williams, 61 N. J. L. 646, 40 Atl. 634 ; but they have been admitted although the person was diseased; Smiser v. State, 17 Ind. App. 519, 47 N. E. 229; and although the person was engaged in a peculiarly hazardous busi ness; International & G: N. R. Co. v. Tis dale, 36 Tex. Civ. App. 174, 81 S. W. 347; and although he was not an insurable risk in life insurance practice; Southern Kansas R. Co. of Texas v. Sage (Tex.) 80 8. W. 1038.
Some cases merely hold that they are evidence for the jury in determining the expectation of life; Kerrigan v. R. Co., 194
Pa. 98, 44 Atl. 1069 ; Western & A. R. Co. v. Cox, 115 Ga. 715, 42 S. E. 74 ; but in permit ting their use the trial judge should instruct the jury that their value depends very much upon plaintiff's state of health, habits of life, liability to contract disease, social con dition, etc.; Campbell v. City of York, 172 Pa. 205, 33 Atl. 879; and the circumstances affecting the life in question ; Newingham v. Blair Co., 232 Pa. 518, 81 Atl. 556. While they are competent evidence, they are not "absolute guides" to the jury ; Vicksburg & M. R. Co. v. Putnam, 118 13. S. 545, 7 Sup. Ct. 1, 30 L. Ed. 257, citing with ap proval Brett and Cotton, L. JJ., in 49 L. J. Q. B. 237, who "strongly deprecated un dertaking to bind a jury by precise mathe matical rules in deciding a question involv ing so many contingencies incapable of ex act estimate or proof." It is held that it is sufficient if the age in the tables is approximate to the individu al's age ; Pearl v. R. Co., 115 Ia. 539, 88 N. W. 1078.
They are applicable to the life expectancy of a woman although the tables show no dis tinction of sex ; Croft v. Ry. Co., 134 Ia. 411, 109 N. W. 723.
On an issue as to the value of a. life es tate, .they are admissible without showing that the person was in sound health ; Cusick v. Boyne, 1 Cal. App. 643, 82 Pac. 985.
They are admissible to show the expecta tion of a life tenant; Henderson v. Harness, 184 Ill. 520, 56 N. W..786. , Where in assess ing an internal revenue inheritance tax the life tenant had died, it was held error to use the tables; Kahn v. Herold, 147 Fed. 575.
Life tables printed in a law book are not authority unless their authenticity is estab lished ; Notto v. R. Co., 75 N. J. L. 826, 69 Atl. 968, 17 L. R. A. (N. S.) 1138, 127 Am. St. Rep. 835. Tables made for the use of a single company, but in general use among insurance companies, are admissible ; San Antonio & A. P. Ry. Co. v. Morgan (Tex.) 46 S. W. 672. See an interesting opinion by Sulzberger, J., in Wolf v. Brewing Co., 21 Pa. Dist. Rep. 164.
The American Table of Mortality cannot be taken as a basis from which to determine the length of a sentence to be imposed in a criminal case ; People v. Burns, 138 Cal. 159, 69 Pac. 16, 70 Pac. 1087, 60 L. R. A. 270.