TIP | Limitation of Liability Hearings | Claim of Elizabeth C. Case (Howard B. Case)

Limitation of Liability Hearings

CLAIM OF ELIZABETH C. CASE (HOWARD B. CASE)


UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK.

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In the Matter of the Petition
-of-
The Oceanic Steam Navigation Company,
Limited, owner of the Steamship TITANIC,
in a Cause of Limitation of Liability.
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To Alexander Gilchrist, Esq., a Commissioner appointed to receive claims in the above entitled matter:

Elizabeth C. Case makes claim against the Oceanic Steam Navigation Company, Limited, the Petitioner herein, on behalf of herself and her four children, Helen Case, John C. Case, Charles Case and Honor E. Case, and alleges as follows:

First: That claimant is the widow of Howard B. Case, deceased, and resides in the City of Rochester, County of Monroe and State of New York; that more than six months have elapsed since the death of said Howard B. Case and that no executor, administrator or other person has brought any action whatsoever to recover damages by reason of decedent's death.

Second: That on or about April 15th, 1912, said Howard B. Case, a citizen of the United States and the State of New York, was a first class passenger on board the S/S Titanic at the time of the sinking of the said steamship described in the libel and petition herein; that by reason of the said sinking of the said steamship, through the actual fault of the petitioner, The Oceanic Steam Navigation Company, Limited, and through the fault of its servants and agents in charge of the said steamship Titanic with the privity and knowledge of petitioner, and without fault on his part, the said Howard B. Case was killed.

Third: That said Howard B. Case at the time of his death, was forty-nine years of age and was employed as managing director of the Vacuum Oil Company, Limited, of England and received a salary of twenty thousand dollars per annum; that said Howard B. Case was the sole source of maintenance and support for claimant and for his four children Helen Case, John C. Case, Charles Case and Honor E. Case, all of Whom are now living.

Fourth: That under and by virtue of the statutes of England, in such case made and provided, deponent is entitled to maintain an action to recover damages for the death thus occasioned.

WHEREFORE claimant makes claim for three hundred thousand dollars ($300,000) the amount of her damages herein, no part of which has been paid.

Fifth: Upon information and belief, that in the possession of said Howard B. Case on board the said S/S Titanic at the time of the sinking thereof were clothing, jewelry and other personal property of the reasonable value of $1,000, an inventory of which claimant will furnish upon demand of the Commissioner or of the petitioner herein, which property was entirely lost and destroyed by reason of the said actual fault of petitioner and through the said fault of its servants and agents with the said privity and knowledge of petitioner, without any fault on the part of said decedent.

WHEREFORE, claimant claims the further sum of one thousand dollars ($1,000) reason of such loss and destruction, no part of which has been paid.

Frederica M. Brown (sig.),
Advocate.
John C. Prizer (sig.)
Proctor for Claimant.
54 Wall Street
New York City

 

 

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Southern District of New York )
: ss:
)
City and County of New York

JOHN C. PRIZER being duly sworn, deposes and says that he is proctor for the claimant above-named; that he has read the foregoing claim and knows the contents thereof and that the same is true to his own knowledge except as to the matters therein stated to be El-leered upon information and belief and that as to those matters he believes it to be true. That deponent is claimant's nephew; that the sources of his knowledge and information and the rounds of his his intimate association and relationship with the claimant's family and a personal investigation of the cause and manner of the death of said Howard B. Case. That the reason why this verification is not made by claimant is that she resides outside the City of New York and the Southern District of New York and more one hundred miles therefrom and is absent from said City and said district.

Sworn to before me this
23rd day of December 1912.

John C. Prizer (sig.)

Chas. Flynn (sig.)
Notary Public.
No. 51, N.Y. Co. N.Y.

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