CLAIM OF MAY FUTRELLE
UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK.
In the Matter
The claim of MAY FUTRELLE, as Administratrix of Jacques Futrelle, deceased, alleges:
For a First Cause of Action.
FIRST: At the times hereinafter mentioned claimant's intestate was, and claimant was and now is, a citizen of the United States and a resident of Scituate, County of Plymouth, State of Massachusetts.
SECOND: At the times hereinafter mentioned the petitioner herein was and now is a corporation organized and existing under the laws of the United Kingdom of Great Britain and Ireland, and was an English registered company engaged in the business of common carrier of goods and of passengers and their baggage and effects for hire, between ports of said United Kingdom and ports of the United States including Southampton and New York and as such owned and operated the steamship Titanic, which was a transatlantic cargo and passenger steamer of British registry engaged in said Southampton-New York service, and one of a fleet of steamers so owned and operated by the petitioning Company.
THIRD: On or about the tenth day of April, 1912 said Jacques Futrelle and his wife, the claimant, took passage on the Titanic at Southampton, under a contract there-tofore made with the petitioner, whereby for a valuable consideration paid to it by the said Jacques Futrelle, it agreed to transport them and their baggage and effects as passengers safely to New York.
FOURTH: On April 14th, 1912, while on said voyage and on the high seas the Titanic struck an iceberg and shortly thereafter sank causing the death of claimant's intestate and the loss of all his baggage and personal effects. The loss occurred without the fault of the claimant or her intestate and was caused by the wrongful acts, neglect and default of the petitioner and its agents and servants in the navigation of the ship and in failing to make her seaworthy, properly manned, equipped and supplied, including the failure to provide sufficient and sufficiently manned and equipped life boats; and the said loss occurred with the petitioner's privity and knowledge.
FIFTH: Claimant has been duly appointed administratrix of the Estate of said Jacques Futrelle, deceased, and letters of administration have been duly issued to her by a competent court of the State of Massachusetts; and she has duly qualified and is now acting as such.
SIXTH: By virtue of the English Statute, 9 and 10 Victoria, Chapter 93, known as Lord Campbell's Act, then and now in full force and effect, this claimant has a right of recovery and the right of action to recover damages from the petitioner for causing the death of her intestate as aforesaid, and by reason of the premises her damages are Three hundred thousand 00/100 ($300,000) dollars. The decedent left him surviving his father, W. H. H. Futrelle, his mother, Linnie Futrelle (who has since died), his wife (the claimant) and two children, Virginia aged 15 and John aged 13, and no other children, no grand-children, step-children, parents, grand-parents, step-father or step-mother.
SEVENTH: At the times herein set forth the English Statute known as the Merchants' Shipping Act contained laws providing and defining limitation of ship owners' liability, being 57 and 58 Victoria, Chapter 60, Sections 503-509 of August 25th, 1894, and amendments, and 63-64 Victoria, Chapter 32, Sections 1-2 (2) of August 6, 1900, to which claimant refers and the benefits of which, if any in this proceeding, she invokes.
For a Second Cause of Damage.
EIGHTH: Deponent realleges and incorporates the foregoing paragraphs and further alleges that the baggage and personal effects carried by her intestate and which the petitioner for a valuable consideration agreed to transport to New York as aforesaid, was of $4791.50, a schedule of which is hereto annexed as a part hereof marked A.
WHEREFORE claimant makes and files her claim against Oceanic Steam Navigation Company, Limited, the petitioner herein, for the sum of $304,791.50 dollars and prays that the Commissioner appointed to receive claims herein will report to the Court that the said sum is due to this claimant and should be allowed to her out of any funds deposited in the registry of the Court in this proceeding, or which may hereafter be there deposited herein, or out of any other funds which the Court may find applicable to its payment; and that the Court further decree that the claimant recover in this proceeding, from the petitioner, all her damages aforesaid with interest and costs; and for such other and further relief as may be just.
JAMES ALLISON KELLY,
Proctor for Claimant,
Office and P. O. Address:
40 Wall Street, Manhattan,
New York City.
STATE OF NEW YORK, )
COUNTY OF NEW YORK, ) SS:
MAY FUTRELLE, being duly sworn says: That she is the, claimant above named, that she has read the foregoing claim and knows the contents thereof; that the same is true of her own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those mutters she believes it to be true.
May Futrelle (sig.)
Sworn to before me this 10th day of January, 1913.
Thomas A. Hays (sig.)
NOTARY PUBLIC No. 279
New York County.