CLAIM OF MARKS AND JAY B. LEWY (ERVIN G. LEWY)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.
IN THE MATTER :
- of the - :
Petition of the Oceanic Steam Naviga- :
tion Limited, for limitation of its property :
as owner of the Steamship Titanic. :
To The Commissioner appointed to receive claims herein:
The claimants, MARKS LEWY and JAY B. LEWY, of the City of Chicago, State of Illinois, Executors of the Last Will and Testament of Ervin G. Lewy, deceased, upon information and belief, allege as follows: -
FIRST: That the claimants are Executors under the Last Will and Testament of Ervin G. Lewy, of the City of Chicago, Illinois, who died on or about the 15th day of April, 1912, and that, at the time of his death, he was a resident of the City of Chicago, State of Illinois, and that claimants have been appointed as Executors aforesaid, by the Probate Court of Cook County, Illinois, on the first day of May, 1912.
SECOND: That the above-named petitioner is a corporation, duly organized and incorporated under the Laws of Great Britain and Ireland; that the Steamship Titanic was a British Vessel, belonging to said petitioner, and that said petitioner is a common carrier of passengers and goods for hire.
THIRD: That the said decedent took passage at Southampton, England, on said Steamship Titanic, under a contract previously made between him and petitioner, by the terms of which petitioner agreed safely to transport said decedent as a passenger from Southampton to New York; that while on said vessel and on the high seas, and on or about April 14th, 1912, said Steamship Titanic collided with a large iceberg and shortly afterwards sank, causing the death of said decedent and a large number of other persons; that the said loss of the Steamship Titanic, and of the persons and property was caused by the wrongful acts, fault and negligence of petitioner, and its agents and servants, in its construction, navigation and management of said vessel, and in failing to make the said vessel seaworthy and properly manned, equipped and supplied, and in failing to provide sufficient lifeboats and other appliances, and in failing to man such lifeboats as were provided, with sufficient and properly drilled crews and in failing, after the said collision, to take proper measure for the rescue of said decedent and other persons on board the Steamship and otherwise; that such loss was with the privity and knowledge of petitioner, and occurred without. the fault on the part of said decedent.
FOURTH: That the English Statute, known as "Lord Campbell's Act, Vict. 9 and 10, Chapter 93", and amendments thereof, providing that when the death of a person is caused by the wrongful act, negligence or fault, which, if death had not ensued, would entitle the party insured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable in and for the benefit of the wife, husband, parent and child, grandparent, grandchild, stepfather or stepson and stepdaughter of the persons whose death shall have been so caused. Such statute further provides that such action is to be commenced within twelve calendar months after the death of the deceased and it shall be brought in the name of the Executor or Administrator of the deceased, or if none had been appointed, or if appointed fails to act, then it may be brought by and in the name of any and all persons whose benefit would have been if brought in the name of the Executor or Administrator, and such statute provides that, in every such action, the jury may give such damage as they may think proportionate to the injuries resulting from such death, to the parties respectively for whom and for whose benefit such action shall be brought.
FIFTH: That, by reason of the facts stated above, in the preceding paragraph, if death had not ensued by reason of the aforesaid wrongful acts negligence and fault of the petitioner, and its agents and servants, but if said decedent had merely suffered personal injuries there-from, claimants would have been entitled, under the Laws of England, as well as the State of New York and State of Illinois to maintain an action and recover damages in respect to such injuries.
SIXTH: That at the time of the death of said Ervin G. Lewy, he had in his possession the following property, of the value of Five Thousand, four hundred sixty ($5,460) Dollars: 1 pair of diamond cuff buttons, $250.; one three stone diamond ring, $750.; one single stone gypsy diamond ring; $2060.; three pearl shirt etudes $600.; one diamond monogram fob, $425.; one 18K. solid gold Aggadiz watch, $375, and wardrobe $1000, all of which were lost by reason of the aforesaid.
SEVENTH: That by reason of the premises, and the loss of the life of said decedent, claimants have been damaged in the sum of One hundred five thousand, four hundred sixty ($105,460) Dollars, and these claimants have a claim and cause of action against the petitioner, for the recovery of said sum.
WHEREFORE claimants hereby make and file this claim against the above-named petitioner, for the sum of One Hundred five thousand, four hundred sixty Dollars, and pray that the Commissioner appointed to receive claims herein will report to the Court that said sum is due to these claimants and that these claimants recover from petitioner herein the sum of $105,460 Dollars, damages as aforesaid, with interests and costs, and for such other and further relief as in the premises may be just.
Dated, New York, April 9th, 1913.
Marks Lewy, Executor (sig.)
UNITED STATES OF AMERICA )
SOUTHERN DISTRICT OF NEW YORK ) SS;
MARKS LEWY, being duly sworn, deposes and says: That he is one of the claimants herein; that he has read the foregoing claim and knows the contents thereof; that the same is true of his own knowledge, except as to such matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
|Sworn to before me, this )||Marks Lewy (sig.)|
|9th day of April, 1913. )|
Alfred L. Rose (sig.)
NY Co #3299