Avance v. Thompson’s Empirical Analysis
1944
Citation profile
11 federal appellate · 33 state decisions
How this case has been cited
Cited by 49 later decisions — most recently October 2004 · most notably 129 Ill. 2d 1 - Schaffner v. Chicago & North Western Transportation Co. (1989), 159 Md. App. 123 - CSX Transportation, Inc. v. Miller (2004)
11 federal appellate · 33 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Vicksburg v. Putnam · Southern Railway Co. v. Lloyd · Pennsylvania Company v. Marion Donat · Calvert v. Springfield Electric Light & Power Co. · Chicago, Burlington & Quincy Railroad v. Johnson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““During the course of the trial the court permitted the plaintiff to offer in evidence mortality tables which showed that a person twenty-three years of age has an expectancy of life of 40.17 years. An instruction was also given in connection with this mortality table as affecting the measure of the plaintiff’s recovery. Defendant objected to this evidence and also assigns it as error. In Chicago, Burlington and Quincy Railway Co. v. Johnson, 36 Ill. App. 564 , such evidence in a case where there were injuries was held improper. In Calvert v. Springfield Electric Light and Power Co., 231 Ill. 290 , we held mortality tables were competent evidence in actions for wrongful death. And in Vicksburg & M. R. R. Co. v. Putnam, 118 U. S. 545 , it was held they were competent evidence in actions for personal injuries. “They were also held competent in Louisville & N. R. R. Co. v. Burns, 242 Fed. 411 , and Coast S. S. Co. v. Brady, 8 Fed. 2d 16, both of which were personal injury cases. In Colusa Mining Co. v. Monahan, 162 Fed. 276 , it was held in a personal injury action not error to show the expectancy of life in fixing an amount required to produce an annuity for a life term equal to the difference between the amount which the injured person would have earned if he had not been injured and that which he could earn in his injured state. We believe that the weight of authority permits the introduction of mortality tables in personal injury accidents when the injury is permanent.””
1 later decision quote this exact passage · from the majority“The jury should be carefully instructed as to the purposes for which such tables may be considered in fixing pecuniary damages. It should be advised that the expectancy of life should not be used as a factor by multiplying the years of expectancy by the annual earnings, because to allow this would permit this plaintiff to receive in advance forty years earnings without consideration of other circumstances which might materially reduce his pecuniary loss.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.