Rivera v. 92 Bleecker Street, Inc.

Judgment and order reversed on the law, and a new trial granted, with costs to appellant to abide the event. We thirds 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.