TIP | Limitation of Liability Hearings | Claim of Mary E. Newell (Arthur Newell)

Limitation of Liability Hearings

CLAIM OF MARY E. NEWELL (ARTHUR NEWELL)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF YEW YORK ,

IN THE MATTER
-of-

The Petition of the Oceanic Steam Navigation Company, Limited, for Limitation
of its Liability, as owner of the Steamship

"TITANIC"


 

TO THE COURT AND TO THE COMMISSIONER APPOINTED TO RECEIVE CLAIMS HEREIN:

The claimant, MARY E. NEWELL, as Executrix under the Last Will and Testament of ARTHUR W. NEWELL, deceased, amending her claims heretofore filed herein, alleges as follows: -

FOR A FIRST CAUSE OF ACTION:

First:- That at all times herein mentioned she was and is a resident of Lexington, in the County of Middlesex, in the Commonwealth of Massachusetts, and a citizen of the Commonwealth of Massachusetts. That Arthur W. Newell died on or about the 15th day of April, 1912, and that at the time of his death he was a resident of Lexington in the County and Commonwealth aforesaid, and a citizen of the said Commonwealth and of the United States, and left a last will and testament, which has been duly admitted to probate in the Probate Court for the County of Middlesex, in said Commonwealth, to which such jurisdiction belonged, and letters testamentary have been granted under the said will to Mary E, Newell, who is now the duly appointed and qualified executrix of the said will of Arthur W. Newell, deceased.

Second:- That the said Arthur W. Newell, deceased, left him surviving, his widow, this claimant, and three daughters, Madeline Newell, Alice Newell and Marjorie Newell, but no son, grand-child, step-child, parent, grand­parent or step-parent.

Third:- That the above named petitioner is and at all times herein mentioned was a corporation organized and existing under the Laws of the United Kingdom of Great Britain and Ireland, and an English registered company and a common carrier, and the owner of the steamship "TITANIC". At the times hereinafter mentioned the said steamship "TITANIC" was a British sea-going ship, and upon information and belief had been duly registered pursuant to the Laws of the United Kingdom of Great Britain and Ireland, and hailed from the port of Liverpool in said Kingdom and was one of a line of cargo and passenger steamships operated by petitioner between Southampton and New York.

Fourth:- That on or about April 10th, 1912, the claimants testator took passage at Southampton, England, on the said steamship "TITANIC" under a contract previously made between this claimant's testator and the petitioner herein, for a valuable consideration paid to petitioner, by the terms of which contract petitioner agreed safely to transport this claimant's testator as a passenger, together with his luggage and personal effects from Southampton to New York.

Fifth:- That while on said voyage and on the high seas in or near Latitude 41 d. 46 m. N. Longitude 50 d. 14 m, W, and on or about April 14th, 1912, the said steamship "TITANIC" collided with a large iceberg and shortly afterwards sank, causing the death of the said Arthur W. Newell and a large number of other persons and the loss of the cargo, baggage and personal property contained in said vessel. That such loss of the steamship "TITANIC" and the lives and property of persons on board thereof were caused by the wrongful acts, neglect, fault and negligence of petitioner, Oceanic Steam Navigation Company, Limited, and of petitioner's agents and servants in the navigation of said vessel and in failing to make the said vessel seaworthy and properly manned, equipped and supplied, and in failing to provide sufficient life boats and in failing to man such life boats as were provided with sufficient and properly drilled crews, and in failing properly to utilize said life boats and in failing, after the said collision, to take proper measures for the rescue of said Arthur W. Newell and other persons on board the "TITANIC", and otherwise, and such loss and destruction of lives and property was with the privity, fault and knowledge of the petitioner, and occurred without fault on the part of this claimant's testator.

Sixth:- That the English Statute, known as Lord Campbell's Act, Vict. 9 and 10, Chapter 93, and amendments thereof, provide that when the death of a person is caused by wrongful act, neglect, or default which, if death had not ensued, would entitle the party injured 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 an action by the executor or administrator of the deceased, for the benefit of the wife, husband, parent, and child, grand-parent, grand-child, step-father or step-mother, step-son and step-daughter, of the person 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 shall be brought in the name of the executor or administrator of the deceased or, if none has been appointed, or if appointed fails to act, then it many be brought by and in the name of any or all the persons for whose benefit it 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 injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought. That by reason of the facts herein above set forth, this claimant has a cause of action entitling her to file this claim, and files this claim for damages for loss of life of the said Arthur W. Newell, for the benefit of herself as widow of the said Arthur W. Newell, deceased, and for the benefit of Madeline Newell, Alice Newell and Marjorie Newell, daughters of the said Arthur W. Newell, deceased.

Seventh:- That by reason of the premises this claimant and the aforesaid persons for whose benefit the said claim is filed have been damaged by the petitioner in the sum of $110,000.00, through the loss of the life of claimant's testator.

FOR A SECOND CAUSE OF ACTION.

Eighth:- She repeats and re-alleges the allegations contained in the "First", "Second", "Third", "Fourth" and "Fifth" paragraphs hereof, as if the same were again fully set forth.

Ninth:- That included in the property so lost and destroyed as aforesaid through the sinking of the "TITANIC" were certain luggage and personal effects, the property of this claimant's testator, which petitioner had contracted safely to transport from Southampton to New York. That no part of said. property was ever salved or recovered and an itemized list thereof, with the market value of each item at the date of such loss, is annexed hereto and made a part hereof marked Schedule A.

Tenth:- That by reason of the premises claimant has been damaged. in the sum of $400.00, through the lose of the aforesaid luggage and personal effect, in addition to the aforesaid sum of $110,000.00 claimed in the first cause of action above set forth. No credits have been given and no payments have been made on account of the claims above set forth.

WHEREFORE this claimant hereby makes and files this amended claim against the above named petitioner, Oceanic Steam Navigation Company for the sum of $110,400.00 together with costs from April 15th, 1912, 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 that this claimant recover from the petitioner herein dam­ages as aforesaid, with interest and costs, and for such other and further relief as may be just.

Hunt, Hill & Betts (sig.)
Proctors for Claimant,
165 Broadway, Borough of Manhattan,
New York City., N. Y.

ROBERT E. GOODWIN
AMOS L. TAYLOR,
Advocates.

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District of )
State of } ss.:
County of )

, being duly sworn, deposes and says, I am the claimant in the above-entitled claim. The above claim is true to my own knowledge except as to the matters stated to be alleged upon information and belief, and as to those matters I believe it to be true.

Sworn to before me this

day of , 191 .

Notary Public,
County

Southern District of New York, ss: George Whitefield Betts Jr. (sig.), being duly sworn, says that he is one of the proctors for the above-named claimant; that the said claimant is absent from this district and more than a hundred miles from the City of New York, and deponent is authorized to act for said claimant herein; that he has read the foregoing claim and knows the contents thereof, and the matters therein stated are true to the best of his knowledge; information and belief; that deponent's means of information are letters in his possession which he believes to be true.

Sworn to before me this Geo. Whitefield Betts Jr. (sig.)
21st day of February, 1913.


Reese D. Alsop (sig.)
Notary Public
Kings County

[SEAL]

CERTIFICATE FILED
NEW YORK COUNTY No. 44
NEW YORK REGISTER No. 3116