179 A. 101 | N.J. | 1935
Case No. 24 (Hampton v. Pennsylvania Railroad Co. et al.) is a representative suit under our Death act. Pamph. L. 1913,ch. 287, p. 586; Cum. Supp. Comp. Stat. 1911-1924, pp.
927, 928. During the trial of this cause the judge permitted the witness, George F. Salter, an insurance actuary, to testify from mortality tables, the authenticity of which is not challenged (Notto v. Atlantic City Railroad Co.,
Appellants urge, but offer no authority in support thereof, that the admission of this testimony constituted reversible error. We do not think so.
It is fundamental that evidence is admissible when it is relevant, material and competent. Apfelbaum v. PrudentialInsurance Company of America, 12 N.J. Mis. R. 62;169 Atl. Rep. 677.
In the case of Camden and Atlantic Railroad Co. v.Williams,
"* * * in a damage suit at law the rule is that an expert witness may make use of the Carlisle table of mortality for the purpose of showing the average expectancy of human life, or the present value of the alleged loss of income based on *170 that expectancy, when [as here] such matters are factors in the appraisal of damages. Camden, c., Railroad Co. v. Williams,supra; Notto v. Atlantic City Railroad Co., supra; Dickerson v. Mutual Grocery Co., supra; Steinbrunner v. Pittsburgh, c.,Railroad Co., 146 Pa. St. 504; Shover v. Myrick, 4 Ind.App. 7." Compare Apfelbaum v. Prudential Insurance Company ofAmerica, supra; Hendershot v. New York, Susquehanna and WesternRailroad Co., 5 N.J. Mis. R. 727, 732; Mandell v. PublicService Trans. Co., 7 Id. 954.
On these well established principles of law we approach the concrete problem presented. What were the determinative factors in appraising the damages sustained by the children? The pertinent provision of the Death act, supra, is as follows:
"* * * and in every such action, the jury may give such damageas they shall deem fair and just with reference to the pecuniaryinjuries resulting from such death to the wife, survivinghusband, and next of kin of such deceased person; * * *." The act is clear. What was the deprivation of the money advantage that would have issued to them for and during the reasonable expectancy of life of the deceased? It is well settled that the damages, if awarded, are such as the jury shall deem fair and just with reference to the pecuniary loss sustained by the next of kin. There is, of course, no standard formula which can invariably be applied in all cases in order to determine what may be deemed the fair and just damages with reference to the pecuniary loss, if any, thus sustained. Many and varied are the facts and circumstances which enter into the composite result reached in a given case. The particular facts and circumstances therefore of each case are controlling. Not the least of such proofs are the age, health and expectancy of life of the next of kin (see Tischler v. West Jersey and Seashore Railroad Co.,
We are clearly of the opinion that reason and logic impels the conclusion that proper mortality tables, subject to precautionary instructions, are admissible as to the period of expectancy of life of the next of kin on the question as to what is the fair and just damage sustained by them with reference to the pecuniary injuries resulting from the death of the decedent just as such tables are admissible to show the average expectancy of life of the decedent. The trial judge very fully, carefully and accurately explained and limited the evidential force and value of the proofs so admitted.
We have carefully considered all other grounds of appeal assigned and argued in this case as well as those in case No. 28 (Clement v. Pennsylvania Railroad Co. et al.) and hold them to be without merit.
Judgment in each case is affirmed, with costs.
Case No. 24 —
For affirmance — PARKER, BODINE, PERSKIE, VAN BUSKIRK, HETFIELD, DEAR, JJ. 6.
For reversal — THE CHIEF JUSTICE, CASE, DONGES, HEHER, KAYS, JJ. 5.
Case No. 28 —
For affirmance — THE CHIEF JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 12.
For reversal — None. *172