IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
In the Matter
The Petition of
THE OCEANIC STEAM NAVIGATION COMPANY,
Owner of the Steamship "Titanic,"
For Limitation of Liability. :
CLAIM OF LOUISE ROBINS, WIDOW OF AND ADMINISTRATRIX OF VICTOR ROBINS, DECEASED.
To Alex. Gilchrist, Jr., Esq., Commissioner appointed to receive claims herein, the claim of Louise Robins alleges as follows:
FOR HER FIRST CAUSE OF ACTION:
First. That she is a resident of the city of New York , Southern District 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 the claimant, Louise Robins, was on to-wit the 31st day
of May, 1912, by the Surrogates Court of New York County appointed Administratrix of the estate of the said Victor Robins, deceased, and that she was and is duly qualified to act as said Administratrix.
Fourth. That on or about to-wit April 10, 1912, claimant's husband 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 by reason wholly of the fault and negligence of the above-named petitioner, its agents and servants, came into collision, on to-wit April 14, 1912, with an iceberg, by reason of which collision the Steamship "Titanic" was sunk, and claimant's said husband lost his life.
Fifth. 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, nothwithstanding 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 or names of all or any of the persons for whose benefit such action would have been if it had been brought by and in the name of such executor or administrator.
Sixth. That by reason of the premises this claimant has been damaged in the sum of fifty thousand dollars.
Seventh. That this claimant on or about the second day of May 1912, caused to be brought in her name as administratix, and as Plaintiff, with this petitioner as defendant, a suit at law in the United States District Court for the Southern District of New York holding an Admiralty Court, to recover the amount of damages aforesaid, which suit is now stayed by reason of the within proceedings.
WHEREFORE claimant makes and files this her claim against the above-named petitioner for the sum of fifty thousand dollars, and prays that the commissioner appointed to receive claims herein will report to the Court that the said sum is due to the claimant and should be allowed here, and that this Court shall decree that the claimant shall recover the same from the 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 made in the first, second, third and fourth paragraphs of the above first cause of action, alleges and claims further:
Eighth. That claimant's decedent had baggage and valuables with him on said voyage, as claimant is informed and believes, to the amount of: Money, three hundred ($300) dollars; clothing, three hundred and forty-three ($343) dollars jewelry, trunk and suit case, and other property, two hundred and twelve ($212) dollars; total, eight hundred. and fifty-five ($855) dollars. That said baggage and property were totally lost in the collision by reason of the aforesaid negligence of the petitioner herein named, 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, eight hundred and fifty-five dollars ($50,855.00), and prays that the Commissioner appointed to receive claims herein shall report that the same is due to the claimant and should be allowed claimant, and that this Court shall decree that the claimant shall recover the same from the petitioner herein as damages aforesaid, and interest and costs, and such other and further relief as may be just.
Graham T. Amoreaux (sig.)
Herbert T. Micou. (sig.)
Proctors for claimant.
State of New York , )
County of New York , :
City of New York . )
Louise Robins, 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 as to those matters she believes it to be true.
Sworn to and subscribed before me,
this 22nd day of November, 1912.
J. Morris (sig.)