TIP | Limitation of Liability Hearings | Claim of Frances M. Walker (William A. Walker)

Limitation of Liability Hearings

CLAIM OF FRANCES M. WALKER (WILLIAM A. WALKER)


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT of NEW YORK

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In the MATTER
of
the PETITION of the OCEANIC
STEAM NAVIGATION COMPANY, Limited,
for Limitation,of its Liability, as
OWNER of the STEAMSHIP "TITANIC."
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Pursuant to the order of this court in the above entitled MATTER on the 4th day of October, 1912, and to the monition thereafter issued thereunder, Frances M. Walker, as Sole Executrix of the Mill of William Anderson Walker, deceased, makes proof of her claim against the Petitioner as follows:

I

That this claimant resides in the City of East Orange in the State of New. Jersey.

II

That at the times hereinafter mentioned the above named Petitioner was, and is now, a corporation created by the laws of the United Kingdom of Great Britain and Ireland, a British registered company, a common carrier of passengers and freight on the high seas, and having its principal place of business in the Borough of Manhattan within the said Southern District of New York. That until the loss of said Steamship "Titanic", as hereinafter set forth, it was one of a line of registered passenger and cargo steamships owned by said Petitioner and operated by it between the ports of Southampton, in.England, and New York City in the United States.

III

That, prior to the filing of the petition herein and on April 10th, 1912, said Petitioner received the said William Anderson Walker aboard its said steamship "Titanic" at Southampton, England, under its contract, theretofore entered into with him to transport him and his luggage and personal effects from said Southampton to New York City, for the price named in said contract as passage money, which price was fully paid by said William Anderson Walker to said Petitioner in advance, as was required by it.

IV

That the said steamship "Titanic", while so owned and operated by Petitioner, and having on board said William Anderson Walker and his baggage and personal effects, sailed from Southampton on said last mentioned date and proceeded on its voyage to the City of New York until Sunday, April 14th, 1912, when, at about 11.40 P.M., in or near latitude 41°46' N. and longitude 50°14' W. the said steamship collided with an iceberg and, about three hours after such collision, sank and thereby caused the death of said William Anderson Walker and the loss of all of his baggage and personal effects which he then had with him on said steamship. That, as this claimant is informed and believes, the said collision and sinking of said "Titanic", and the resulting death of said William Anderson Walker, and the loss of his said properties, were caused by the wrongful neglects and defaults of the Petitioner herein and of its agents and servants in that the said steamship was unsafely and improperly navigated by them, and in that said steamship was not duly or properly manned or equipped for the purposes of said voyage and in that neither in said manning and equipment, nor in the said navigating, did the Petitioner exercise reasonable care or regard for the safety of said William Anderson Walker or of his belongings. That the death of said William Anderson Walker and the said loss of his belongings were with the privity, fault and knowledge of Petitioner and were not occasioned by any fault or neglect of said William Anderson Walker.

V

That the luggage and personal effects of said William Anderson Walker which were lost with him by reason of said collision and consequent sinking of said steamship "Titanic" consisted of the wearing apparel, gold watch and chain, jewelry, money and other effects which he carried on his person and of the wearing apparel and other personal effects which were contained in two trunks, a suit case and a hand bag, all of which he had with him on said voyage, and that they were of the aggregate value of not less than one thousand dollars ($1000). That no part of said sum has been paid by Petitioner.

VI

That by reason of the death of said William Anderson Walker this claimant has suffered damage in the sum of Twenty Five Thousand Dollars ($25,000), and that no part of said sum has been paid by Petitioner.

VII

That thereafter, on April 27th, 1912, the last will and testament of said William Anderson Walker, deceased, was duly admitted to probate by the Surrogate of the County of Essex, in the State of New Jersey, of which County and State said William Anderson Walker was a resident of, at the time of his death, and, on such probate, letters testamentary on said will were duly issued by said Surrogate to this claimant, the widow of said deceased and the sole party named in said will as executor or executrix thereof, and this claimant is now such executrix.

THEREFORE, this claimant prays that there be adjudged to be due to her from this Petitioner, and that there be paid to her, out of any funds deposited in this court in this proceeding, the said two sums of twenty five thousand dollars ($25,000) and one thousand dollars ($1,000), aggregating twenty six thousand dollars ($26,000)

Frank B. Colton (sig.)
Attorney for Claimant,
52 Wall St., Manhattan,
New York City.

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State of New York )
) ss
)
City and County of New York

Frances M. Walker being duly sworn, says:

I am the claimant above named. I have read the foregoing statements of claim and the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.

Sworn to before me this
Frances M. Walker (sig.)
13th day of January, 1913.

ILLEGIBLE
Commissioner of Deeds
City of New York