TIP | Limitation of Liability Hearings | Claim of Mary A. McCarthy (Timothy J. McCarthy)

Limitation of Liability Hearings

CLAIM OF MARY A. McCARTHY (TIMOTHY J. McCARTHY)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK.

In the Matter
of
The Petition of the Oceanic Steam
Navigation Company, Owner of the
Steamship "Titanic",
For Limitation of Liability.

THE CLAIM OF MARY A. McCARTHY, THR WIDOW OF TIMOTHY J. McCARTHY, DECEASED, FOR LOSS OF LIFE AND PERSONAL PROPERTY.

To Alexander. Gilchrist, Esquire, Commissioner appointed to receive claims herein, the claim of Mary A. McCarthy alleges as follows:

FOR HER FIRST CAUSE OF ACTION:

First. That she is a resident of the State of Massachusetts, and a citizen of the United States.

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 on or about to-wit the tenth day of April, 1912, claimant's decedent took passage at to-wit, Southampton, England, on the Steamship "Titanic", under a contract with petitioner to be safely transported from to-wit, Southampton, England, to the City of New York. That while on said voyage the Steamship "Titanic", through no fault of this claimant, or of claimant's decedent, but wholly by reason of the fault and negligence of the above-named petitioner, its agents and servants, came into collision, on to-wit April fourteenth, 1912, with an iceberg, by reason of which collision the Steamship "Titanic" was sunk and the claimant's decedent lost his life.

Fourth: That by the laws of the United Kingdom of Great Brit­ain and Ireland it is provided that whensoever the death of a person shall be caused by wrongful act, negligence 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 for an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as amount in law to felony, and that under and by virtue of the laws of the United Kingdom it is provided that every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused, and shall be brought in the name of the exec­utor or administrator of the person deceased; provided that where there shall be no executor or administrator of the person deceased, then and in every such case much action may be brought by and in the name or names of all or any of the persons for whose benefit such action would have been brought if it had been brought by and in the name of such executor or administrator.

Fifth. That the decedent, Timothy J. McCarthy, left surviv­ing him a widow, Mary A. McCarthy, claimant herein, and five child­ren, to-wit: Anna G. McCarthy, Mildred. D. McCarthy, Justin L. Mc­Carthy, Edmond C. McCarthy, and Brandon M. McCarthy; and that the last-named three children are under age. That no administration has been had upon the estate of the said Timothy J. McCarthy, and there being no executor or administrator, Mary A. McCarthy, widow of decedent, presents this claim in her own name, for the benefit of the said Mary A. McCarthy, widow of decedent, and or Anna G. McCarthy, Mildred D. McCarthy, Justin L. McCarthy, Edmond C. Mc­Carthy, and Brandon M. McCarthy, children of decedent.

Sixth. That by reason of the Premises this claimant has been damaged in the sum of fifty thousand dollars.

WHEREFORE, claimant makes and files this her claim against the above-named petitioner, in the sum of fifty thousand dollars, and prays that the commissioner appointed to receive claims herein shall report to the Court chat said claim is due to the claimant and should be allowed; and that this Court shall decree that the claimant shall recover the same from petitioner herein as damages aforesaid, with interest and costs, and such other and further relief as may be just.

FOR HER SECOND CAUSE OF ACTION: The claimant, repeating all the allegations in the first, second, third and fifth paragraphs of the above first cause of action, alleges and claims further:

Seventh. That claimant's decedent had baggage and valuables with him on said voyage, as claimant is informed and believes, to the value of to-wit, two hundred and fifty ($250.00) dollars; that said baggage and property were totally lost in the collision by reason of the aforesaid negligence of the petitioner herein above named, its officers, agents and employees, and no part of the same has ever been delivered or recovered.

Wherefore, claimant makes and files this claim against the above, The Oceanic Steam Navigation Company, for the sum of fifty thousand, two hundred and fifty dollars; and prays that the com­missioner appointed to receive claims herein shall report that the claimant and should be allowed her; and that this court shall decree that the claimant shall recover the same from the petitioner herein as damages aforesaid, with such other and further relief as may be just.

  Graham L. Amoreaux, (sig.)
Herbert Micou, (sig.)
Adler, Barker & Wood.
Proctors for Claimant.

---------------------------------------------------

State of Massachusetts, )
County of Suffolk )

MARY A. McCARTHY being first duly sworn, says that the above claim is true to her own knowledge and belief, except as to the matters therein stated to be alleged on information, and belief, and, that as to those matters, she believes it to be true.

Mary A. McCarthy (sig.)
Claimant.

Sworn to and subscribed before me, this First day of January, 1913.

Alfred A. Jenkins (sig.)
Notary Public.

---------------------------------------------------

Commonwealth of Massachusetts.

SUFFOLK, ss. CLERK'S OFFICE OF SUPERIOR COURT.

I, FRANCIS A. CAMPBELL, of Boston, in said County, duly elected, qualified and sworn as Clerk of the Superior Court, for and within said County and Commonwealth, dwelling in Boston in said County, said Court being a Court of record with a seal which is hereto affixed, the records and seal of which Court I have the custody do herein and hereby in the performance of my duty as said Clerk, certify and attest that Alfred A. Jenkins (sig.) before whom the annexed affidavit, proof or acknowledgment was taken and subscribed, is a Notary Public for, within, and including the whole of said Commonwealth, doing business in said County, duly appointed, commissioned, qualified, sworn and authorized by the laws of said Commonwealth to act as such; and also duly authorized by the laws of said Commonwealth to take affidavits and take and certify proofs of acknowledgment of deeds of conveyances for lands, tenements, hereditaments, lying and being in said Commonwealth; in any part thereof and to be recorded therein, wherever situated and however bounded; that he was at the time of taking the affidavit, proof or acknowledgment, hereto annexed, such Notary Public that due faith and credit are and ought to be given to his official acts; that I am well acquainted with his signature and handwriting, and I verily believe that the signature to the said affidavit, proof or acknowledgment is genuine, and, further, that the annexed instrument is executed and acknowledged according to the laws of said Commonwealth.

Witness my hand and the seal of said Court at Boston, in said County and Commonwealth, this second day of January A.D. 1913.

Francis A. Campbell (sig.)
Clerk.