“Still,” I added, “these difficult calculations have to be made.”
“But how?”
“In England, it has been decided that the damages are not to be estimated according to the life of the man, calculated by annuity tables, but the jury should give what they consider a reasonable compensation;[577] although, in the United States, it was thought proper for the judge in charging the jury to allude to the expectation of life according to the tables deduced from the bills of mortality:[578] and even in England, in such cases, the average and probable duration of the life is a material point, which cannot be better shown than by the tables of insurance companies, who learn it by experience.[579] And the probable benefits of the continuance of the life of the father, as to the children, is to be estimated with reference to their majority, and as to the widow, with reference to the expectation of life as determined by the tables.[580] Of course, the jury are not to attempt to give damages to the full amount of a perfect compensation for the pecuniary injury, but must take a reasonable view of the case, and give what they consider, under all the circumstances, a fair compensation.”[581]
“Would it make any difference were the man of a bad character or diseased?”
“If the man had a fatal disease which would be sure to kill him in a short time, the amount of damages given should be less.[582] And as to character, the loss is supposed to be of a man as he ought to be. It has been held not to be necessary that the widow, or next of kin, should have any legal claim upon the deceased for support.”[583]
“How would it be if he was insured, and by his death the family rather made than lost?”
“Well, I presume that if the insurance goes to a man’s family, it would be a good reason for reducing the amount of damages. There appears to be only one English case on this point, and that was at Nisi Prius and is not reported at length; in it Lord Campbell told the jury to deduct from the amount of damages the amount of an insurance against accidents, and any reasonable sum they should think fit in respect of life insurance.[584] In a Canadian case, McLean, J., said, that if the interest on the insurance would exceed the annual value of the testator’s income while living and exercising his ordinary avocations, it would surely be competent for the company to show that the widow had sustained no pecuniary damages, and that only nominal damages should be given, if indeed any.[585] But, I should say that if the insurance went to some of the family only, the others would still have their right to substantial damages.”[586]
“I believe,” continued the irrepressible Jones, “that if an injured man settles with the company for a sum of money, that puts an end to the whole matter, and if he afterwards shuffles off this mortal coil nothing more is to be had.”
“Yes; once and forever, is the rule, even if the unfortunate makes a mistake and takes too little.”[587]
“Can you make money out of the slaughter of children?”