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Rivera v. 92 Bleecker Street, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1924
211 App. Div. 868 (N.Y. App. Div. 1924)

Opinion

December, 1924.


Judgment and order reversed on the law, and a new trial granted, with costs to appellant to abide the event. We think it was error to submit the mortality tables to the jury as a basis for computation of damages in this case, and to instruct the jury that plaintiff had "a reasonable probability of living for something over thirty to thirty five years according to tables which the law considers as establishing the probable duration of life." These tables have no reference to a human being in the physical condition of the plaintiff. We think the exception to the charge at folio 308 of the record was well taken. Kelly, P.J., Kelby and Kapper, JJ., concur; Jaycox and Young, JJ., dissent, and vote to affirm.


Summaries of

Rivera v. 92 Bleecker Street, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1924
211 App. Div. 868 (N.Y. App. Div. 1924)
Case details for

Rivera v. 92 Bleecker Street, Inc.

Case Details

Full title:MANUEL H. RIVERA, Respondent, v. 92 BLEECKER STREET, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1924

Citations

211 App. Div. 868 (N.Y. App. Div. 1924)