TIP - Limitation of Liability - Claim of

Limitation of Liability Hearings

Claim of

 


 

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.

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IN THE MATTER
- of the - 
Petition of the OCEANIC STEAN NAVIGATION
COMPANY, LTD., for limitation of
liability as owner of the Steamship "TITANIC".
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CLAIM OF CONSTANCE SHACK GRACIE,
as Administratrix of the Estate of ARCHIBALD GRACIE.

NOW comes CONSTANCE SHACK GRACIE, Administratix of the Estate of Archibald Gracie, deceased, and makes and files her claim as such administratrix in the sum of $55,138., and alleges as follows:


That she is a resident of Washington in the District of Columbia and was on the 13th day of December 1912, duly appointed administratrix of the Estate of Archibald Gracie, deceased, in and by the Probate Court in and for the District of Columbia.

And claimant further alleges that Archibald Gracie was on or about the 15th day of April, 1912, a passenger on board the Steamship "Titanic", belonging to the petitioner herein, which vessel on that day sank in the waters of the Atlantic Ocean, as set forth in the petition herein.

That by reason of such sinking. the said Archibald Gracie suffered great exposure and received such injuries and shock that he subsequently died in consequence thereof, to the damage of this claimant in the sum of Fifty thousand Dollars ($50,000.).

And claimant further alleges that at the time of the sinking of the said steamship "Titanic" the said Archibald Gracie had with him personal property of the value of $5,138.00, a true and itemized statement whereof, and of the reasonable value thereof, is hereto annexed, which property became wholly lost by reason of the sinking of said steamship "Titanic", and claimant thereby sustained additional damages therefor in the above amount.

Claimant further alleged, upon information and belief, that the said sinking of the said steamship was caused by negligence on the part of the petitioner herein, its officers and agents, and was occasioned by and with the privity and knowledge of the petitioner itself.

Petitioner further alleges that the said Steamship "Titanic" was an English vessel. That by and under the laws of England whensoever the death of a person be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who would have been liable if death had not ensued, shall be liable to an action or damages, notwithstanding the death of the person injured.

And claimant further alleges that no credits have been given and, no payments have been made on account of her said claim.
                                                                                    (sig) Constance Shack Gracie
                                                                                               
Claimant.
                                   

 


 

UNITED STATES OF AMERICA.                   :
SOUTHERN DISTRICT OF NEW YORK.        : SS.:
COUNTY OF NEW YORK.                            :

                        CONSTANCE SHACK GRACIE, Administratrix of Archibald Gracie, being duly sworn, deposes and 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 that as to those matters she believes it to be true.

Sworn to before me this                    :   
5th day of Apri1,1913.                       :      (sig)  Constance Shack Gracie

                        (sig)  W. E. Hanna
                                   
Notary Public, Kings Co.
                                    Cert. filed in New York Co. #6

 

 


 

List of personal property lost by
Colonel Gracie.
1 Scotch steamer rug,  $   8.00
2 Large leather kit-bags,  70.00
1 whole pearl scarf pin and 1 pin with 11 diamond cluster 500.00
1 leather hat box with hats,    20.00
2 sets pearl shirt studs,  400.00
1 cuff links, antique in gold  25.00
2 cuff links, inlaid gold, 30.00
1 Silk Hat, 10.00
2 overcoats,  70.00
1 set of toilet articles, Silver hair brushes, etc.,  150.00
1 toilet set for bureau, silver boxes, etc.,  25.00
1 razor strop, 5.00
Boots, shoes and slippers,  60.00
Silk hose,  25.00
Kid gloves,   20.00
Embroidered linen and silk handkerchief,   24.00
New silk crochet white neck scarf,    10.00
Silk pajamas and underwear, 52.00
Japanese kimona and sash,   15.00
Presents of Jewelry for family,  75.00
Cash in steamer trunk,   500.00
Gold eye glasses,  20.00
2 Dress suits and dinner Jacket, 130.00
Day suits,  140.00
Miscellaneous articles in trunk 90.00
3 New books of Battle of Chicamauga,    12.00
2 New watches,  40.00
Scarf Pine and balance of jewelry, 550.00
Other books,  6.00
Canes and Umbrellas, 26.00
Personal Pictures, 30.00
Records compiled from the records of the British Foreign Office of the War of 1812,  2,000.00
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    $ 5138.00