Claim of FRANK KETO
Administrator for the estate of
ENO WILLIAM PANULA
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK.
In the Matter of the Petition
The Oceanic Steam Navigation Company,
Limited, owner of the Steamship TITANIC,
in a Cause of Limitation of Liability.
THE CLAIM OF FRANK KETO, ADMINISTRATOR OF THE ESTATE OF ENO WLLIAM PANULA, DECEASED, FOR LOSS OF LIFE AND PERSONAL PROPERTY.
To Alexander Gilchrist, Esquire, Commissioner appointed to receive claims in the above mentioned cause:
FRANK KETO, Administrator of the Estate of ENO WILLIAM PANULA, presenting the claim of the decedent, alleges as follows:
FIRST: That he is a resident of the Borough of Brooklyn, City of New York.
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 such action may be brought by and in the name 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; and further, that under the Laws of the said United Kingdom of Great Britain and Ireland it is provided that the word "parent" shall include father and mother and grandfather and grandmother.
FIFTH: That the decedent ENO WILLIAM PANULA left him surviving a father John Panula, a citizen and resident of the United States, now visiting in Waasa, Finland. That Frank Keto was appointed administrator of the estate of ENO WILLIAM PANULA, deceased, on the 8th day of January 1913, by the Surrogate's Court of the County of Kings, State of New York, and brings this claim as administrator of the Estate of said decedent.
SIXTH: That by reason of the premises this claimant has been damaged in the sum of ten thousand dollars.
WHEREFORE, claimant makes and files this claim against the above-named petitioner, in the sum of ten thousand dollars, and prays that the Commissioner appointed to receive claims herein, shall report to the Court that the 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.
(sig) Graham L. Amoreaux,
Proctor for Claimant,
New York City.
STATE OF NEW YORK,
COUNTY OF NEW YORK, ss:
FRANK KETO, being first duly sworn, deposes land says that he is the administrator of the Estate of ENO WILLIAM PANULA, deceased, and that he has read the foregoing claim and that the same is true to his own knowledge and belief, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes them to be true.
Sworn to before me this )
13th day of January 1913 ) (sig) Frank Keto