CLAIM OF EVA LOPEZ DEL VALLADO (SERVANDO OVIES Y RODRIGUEZ)
UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK.
I n t h e M a t t e r
- of the -
Petition of the Oceanic Steam Navigaion
Company, Limited, for limitation
of its property as owner of the Steamship
To the Commissioner appointed to receive claims herein:
The claimants, EVA LOPEZ DEL VALLADO, and RAMON SERVANDO, respectively widow and son of SERVANDO OVIES Y RODRIGUEZ, by ARNSTEIN, LEVY & PFEIFFER, their attorneys, upon information and belief, allege as follows: -
FIRST: That the claimants above-named are now residents of the City of Havana, Cuba, and are now in said City.
SECOND: That Eva Lopez del Vallado, is the widow of, and Ramon Servando is the son of, SERVANDO OVIES Y RODRIGUEZ, who died on or about the 15th day of April, 1912, and who, at the time of his death, was a resident of the City of Havana, Cuba.
THIRD: That as far as known by the attorneys for said claimants, no executor or administrator has been appointed of the Estate of said deceased.
FOURTH: 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.
FIFTH: That the said decedent took passage at Southampton , England , on said Steamship Titanic, under 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.
SIXTH: 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 day be brought by and in the name of any and all persons 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 injuries resulting from such death, to the parties respectively for whom and for whose benefit such action shall be brought.
SEVENTH: 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 Republic of Cuba, to maintain an action and recover damages in respect to such injuries.
EIGHTH: That at the time of the death of said Servando Ovies Y Rodriguez, he had in his possession the following property, of the value of Twenty-eight hundred ($2800) Dollars, viz:
|1 diamond ring, consisting of two diamonds and two rubies of the value of||
|Clothes, other jewelry and baggage||
all of which were lost by reason of the aforesaid.
That by reason of the premises, and the loss of the life of said decedent, claimants have been damaged in the sum of Seventy-seven Thousand, Eight Hundred ($77,800) 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 Seventy-seven Thousand, Eight Hundred ($77,800) 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 Seventy-seven Thousand, Eight Hundred ($77,800) Dollars, damages as aforesaid, with interest and costs, and for such other and further relief as in the premises may be just.
Dated, New York , April 10,1913.
Arnstein, Levy & Pfeiffer (sig.)
by Alexander Pfeiffer
Attorneys for Claimants.
UNITED STATES OF AMERICA )
SOUTHERN DISTRICT OF NEW YORK ) SS:
ALEXANDER PFEIFFER, being duly sworn, deposes and says: That he is one of the attorneys for the claimants herein; that said claimants are absent from this District and more than one hundred miles from the City of New York, and deponent's firm is authorized to act for said claimants; that he has read the fore-going claim and knows the contents thereof; that the matters stated therein are true, to the best of deponent's knowledge and belief, and that deponent's means of in- formation, is from statements made to him by one Jose Antonio Rodriguez, a cousin and partner of the said decedent mentioned in the foregoing claim, all of which he believes to be true.
Sworn to before me, this
10th day of April, 1913.
Alexander Pfeiffer (sig.)
Solomon S. Zuerdling (sig.)
Commissioner of Deeds.
New York City .