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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 245   View pdf image (33K)
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WILLIAMS' CASE.—3 BLAND. 245

coasts; 1 Malth. Popu. 380; 2 Price Obser. 242; and indeed over
the whole world the degree of salubrity often varies with a mile of
difference in location. It is universally admitted, that large cities
are less favorable to the duration of human life than country situa-
tions; insomuch so, that great cities have been justly termed "the
sepulchres of the dead and the hospitals of the living." The dif-
ference between the duration of human life in all cities of such
magnitude as London, Paris, Vienna, Berlin, and the country,
have always, and at all times, been very great. But this differ-
ence lessens with the smaller towns; so that, as between mere vil-
lages and the country, it is nothing at all. 1 Price Obser. 127; 2
Price Obser. 30, 33, 45, 49, 65, 83, 127, 218, 226; 1 Malth. Popu.
392; 2 Malth. Popu. 487.

The expectation of life varies not only with country and place,
but also according to the grade and condition of individuals in
society; and such variations are most remarkable in those coun-
tries in which the grades and conditions are most strongly distin-
guished. In England as well as in all the other countries of the
old world, the expectation of life is greatest in favor of those of
the middle classes, and least favorable to those of the aristocratic
orders, whose lives are curtailed by their intemperance and de-
baucheries; 9 Westm. Rer. 388; and to those of the mere opera-
tives whose lives are shortened by the oppressions and privations
under which they suffer. 9 Westm. Rer. 388; 14 Westm. Rer. 390,
note; 1 Price Obser. 150; 2 Price Obser. 144; 3 Lond. and Westm.
Rer. Art. 8; 2 Sparks' Franklin's Works, 324. Consequently, a
table formed for a whole country collectively, cannot be altogether
correct for every particular situation, or for each class of society of
the same country.

It often happens however, that in the inquiries which have been
made concerning the duration of human life much has been said as
to the insalubrity of particular situations; as to the causes, preva-
lence, and cure of diseases; and also as to the political causes
which materially affect the continuance of human life; but with
all, or any of those causes, or with the prevention, or removal of
any of them, a Court of justice, when called upon merely to deter-
mine * the present value of a life estate, can have no con- 232
cern, further than may be necessary to enable it to derive
information by analogy.

There are few situations as to which any observations have
been made, from which tables have been formed; and yet with-
out any allowances for differences, those few tables have been used
as if they were alike applicable to all times and circumstances.
This is a great error. Such tables, as regards other situations,
can only be used by way of analogy, and can be relied on, in so
far only as it can be shewn, by adverting to all the causes which
materially affect human life, that the situation to which the tables

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 245   View pdf image (33K)
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