U.S. DISTRICT COURT
JUL 28 1916
S.D. OF N.Y.
At a Stated Term of the District Court of the
United States for the Southern District of New York, held at the Court Rooms thereof
in the City of New York on the 28th day of July, 1916.
Honorable JULIUS M. MAYER,
United States District Judge.
IN THE MATTER
The Petition of the Oceanic Steam Navigation
Company, Ltd., for limitation of its liability
as owner of the steamship TITANIC.
WHEREAS a petition was duly filed in this Court October 4, 1912, by the Oceanic Steam Navigation Company, Ltd., alleging among other things that it was a British registered company, and at the time of the collision hereinafter mentioned was the sole owner of the steamship Titanic; that while on a voyage which began April 10, 1912, from Southampton to New York via Cherbourg and Queenstown, with passengers, cargo and mails on board, said ship struck a low-lying iceberg Sunday April 14, 1912, about 11.40 P. M. ship's time, in latitude 41° 46' North and longitude 50° 14' West; that as a result of this collision the Titanic sank about 2.20 A. M. ship's time, April 15, 1912, in approximately the same position in which she had struck the iceberg; that a large number of passengers and members of the crew perished, and that the vessel, her cargo, the personal effects of the passengers and crew, the mails and everything connected with the vessel, except fourteen lifeboats and their equipment, became a total loss; that the demands theretofore made against the petitioner in behalf of various claimants amounted to more than $1,000,000, and that the petitioner expected that other claims would be presented against it and suits begun by persons who sustained injuries and by the representatives of persons who lost their lives by said collision; that the Titanic was a total loss and nothing was saved from the wreck except fourteen lifeboats, which were brought to New York, the value of all said boats being approximately $4,520, said boats being at the time of the filing of said petition within the Southern District of New York and within the jurisdiction of this Court; that the freight pending for the transportation of cargo on board the Titanic amounted to $2,073.13, that the passage money prepaid for transportation of passengers amounted to $85,212.41, of which approximately $2,650.91 was paid for the transportation of passengers who were saved and carried to their destination; that the entire aggregate value of the interest of the petitioner in said steamship and in the pending freight and passage moneys did not exceed the sum of $91,805.54; that the petitioner claimed exemption from liability as owner of the Titanic for the losses, damages, injuries and destruction occasioned or incurred by the collision and subsequent sinking of said vessel and for the claims for damages that had been made, or might thereafter be made, and had valid defenses thereto on the facts and under the provisions of the contracts for the carriage of cargo and passengers and their baggage; and that the petitioner further claimed 7 the benefit of the limitation of liability provided in sections 4283, 4284 and 4285 of the Revised Statutes of the United States and the various statutes supplemental thereto and amendatory thereof, and that to that end the petitioner was ready and willing to give a stipulation with sufficient surety for the payment into Court of the amount or value of its interest in the steamship Titanic and her pending freight whenever the same should be ordered by this Court, as provided by the aforesaid statutes, by Supreme Court Rule 54 in Admiralty and by the rules and practice of this Court; and
WHEREAS said petition set forth the facts and circumstances of said collision and sinking and of the loss and damage arising therefrom by reason of which exemption from liability and limitation of liability were claimed, and prayed that the Court cause due appraisement to be made of the amount or value of the petitioner's interest in the Titanic and her pending freight for said voyage; and that the Court make an order directing the petitioner to file a stipulation with surety to be approved by the Court for the payment into Court of the amount of the petitioner's said interest whenever the Court should so order; and that the Court make an order directing the issuance of a monition to all persons claiming damages for all and any loss, damage or injury caused by or resulting from the accident aforesaid, citing them to appear before a Commissioner to be named by the Court in said order, and make due proof of their respective claims, and also to appear and answer the allegations of the petition according to the law and practice of this Court at or before a certain time to be fixed by the monition; and further prayed that the Court make an order directing that on the giving of such stipulation as should be determined to be proper, or on the giving of an ad interim stipulation, an injunction issue restraining the prosecution of certain proceedings mentioned in the fifth article of said petition as having already been brought against the petitioner, and the commencement or prosecution thereafter of any suit, action or legal proceeding of any nature or description whatever, except in this proceeding, against the petitioner in respect of any claim or claims arising out of the aforesaid accident; and further prayed that the Court in this proceeding adjudge that the petitioner was not liable to any extent for any loss, damage or injuries, nor for any claim whatsoever in any way arising out of or in consequence of the collision aforesaid; or, if the petitioner should be adjudged liable, then that its liability be limited to the amount or value of its interest in the Titanic and her pending freight at the end of the voyage on which she was engaged at the time of said accident, and that the moneys paid or secured to be paid as aforesaid be divided pro rata among such claimants as should duly prove their claims before the Commissioner to be named herein, saving to all parties any priorities to which they might be legally entitled; and that a decree be entered discharging the petitioner from all further liability, and that the petitioner have such other or further relief as the justice of the cause might require; and
WHEREAS, pursuant to an order of this Court duly made and entered herein October 4, 1912, on reading and filing the affidavits of Frank S. Martin and Henry H. Masters, as to the value of the lifeboats and their equipment, saved from the wreck of the "Titanic", and of Philip A. S. Franklin as to the amount of the pending freight and passage moneys of the "Titanic", verified October 3, 1912, an ad interim stipulation for value in the sum of $96,000., executed by the petitioner, and by the National Surety Company of New York as surety, was duly filed October 4, 1912; and
WHEREAS, on reading said petition and affidavits and said ad interim stipulation for value, this Court duly made an order October 4, 1912, whereby it was referred to Henry W. Goodrich, Esq., a Commissioner of this Court, to take proofs and report to this Court with all convenient speed his conclusions as to the amount or value of the petitioner's interest in the Titanic and her pending freight for the purpose of limitation of liability as of April 15, 1912, the date on which said steamship was lost and 14 her voyage terminated, and to present to the Court the proofs adduced before him; and whereby it was further ordered that the amount or value of the petitioner's interest in said steamship and her pending freight, when finally appraised and approved by the Court, be paid into the registry of this Court by the petitioner to abide the event of this proceeding, or, at the option of the petitioner, a stipulation for value be given by the petitioner in such appraised amount, providing for the payment thereof or such part thereof into the Court when and as ordered; and
WHEREAS, on the filing of the aforesaid ad interim stipulation for value, this Court duly made an order entered herein October 4, 1912, whereby it was ordered that a monition issue out of and under the seal of this Court against all persons claiming damages for any and all losses, damages or injuries occasioned by or resulting from said collision and sinking, citing them to appear before this Court and make due proof of their respective claims on or before January 14, 1913, at 10.30 o'clock in the forenoon, and whereby Alex. Gilchrist, Jr., Esq., was appointed Commissioner before whom proof of all claims which should be presented in pursuance of said monition should be made, subject to the right of any person to controvert or question the same, with liberty also to any person or persons claiming damages as aforesaid who should have presented his or their claims to said Commissioner under oath to answer said petition; and whereby it was further ordered that public notice of such monition be given by publication thereof in the New York Times, a newspaper published in the Borough of Manhattan, City of New York, once a day for fourteen days, and thereafter once a week until the return of such monition, the first publication to be at least three months before said return day, and that a copy of said monition be served on the respective attorneys or proctors of all persons who at the time of making said order should have filed libels or begun suits for damage or loss or injury occasioned by or arising out of the accident aforesaid, together with a copy of said order, such last mentioned service to be made at least thirty days before the return day; and
WHEREAS said order for monition contained an injunction whereby this Court duly ordered that the beginning and prosecution of any and all suits, actions or legal proceedings of any nature or description whatsoever in respect of any claim arising out of or connected with said collision, and the subsequent sinking of said steamship, be and thereby were stayed and restrained until the hearing and determination of this proceeding; which injunction was duly served on all persons interested; and
WHEREAS, on the filing of the aforesaid ad interim stipulation for value, this Court duly made a separate restraining order entered herein October 4, 1912, whereby it was ordered that the further prosecution of four certain suits and actions therein mentioned then pending, and the institution and prosecution of any and all suits, actions or legal proceedings of any nature or description whatsoever, except in the present proceeding, against the petitioner or the steamship Titanic in respect of any claim arising out of or connected with said collision and the subsequent sinking of said steamship be and thereby were stayed and restrained until the hearing and determination of this proceeding; which restraining order was duly served on all persons interested; and
WHEREAS a monition was duly issued October 4, 1912, directed to the Marshal of the United States for this District, commanding him to cite all persons claiming damages for any loss, damage, injury or destruction occasioned by said collision, or by the subsequent sinking of said steamship, to appear before this Court and make due proof of their respective claims before Alex. Gilchrist, Jr., Esq., a United States Commissioner, at his office in the Post Office Building, Borough of Manhattan, City of New York, on or before January 14, 1913, at 10.30 o'clock in the forenoon; and commanding said Marshal to cite such claimants to appear and answer the petition herein on or before January 14, 1913, or within such further time as the Court might grant, and to have and receive such relief as might be due; and
WHEREAS pursuant to said order for monition and monition, said Marshal duly published a citation and duly cited all persons claiming damages for any and all losses, damages, or injuries caused by or resulting from said collision, and the subsequent sinking of said steamship, to appear and make due proof of their respective claims before Alex. Gilchrist, Jr., Esq., United States Commissioner, at his office in the Post Office Building, Borough of Manhattan, City of New York, on or before January 14, 1913, at 10.30 o'clock in the forenoon of that day, and also to appear before said Court at the Court Rooms in said building on January 14, 1913, at 10.30 o'clock in the forenoon of that day and answer the petition herein; and duly notified all persons claiming damages that otherwise they would be defaulted and barred from participation in the aforesaid ad interim stipulation for value; and
WHEREAS on January 14, 1913, the return day of the aforesaid monition, this Court by order duly made and entered herein adjourned the return of the monition and extended the time of all claimants to appear and make proof of their respective claims to February 11, 1913; on which day the return of said monition was further adjourned by order of the Court, and the time of all claimants to appear and make proof of their respective claims was further extended to February 25, 1913; and on that day the Court by order duly entered further adjourned the return of the monition and further extended the time of all claimants to appear and make proof of their respective claims to April 15, 1913; and
WHEREAS said monition was duly returned April 15, 1913, by said Marshal, with due proof of due citation of all parties interested by the due public notice of said monition made by the due publication thereof in full conformity with the direction for service thereof in the aforesaid order for monition; and
WHEREAS Alex. Gilchrist, Jr., Esq., Commissioner, duly made his report to this Court April 15, 1913, and said report was duly filed herein on that day showing all claims presented in pursuance of said monition on or before April 15, 1913, the adjourned return day, said claims being 651 in number and $16,604,731.63 in amount; and
WHEREAS the default of all persons who had not appeared or presented claims on or before April 15, 1913, the return day of said monition was duly noted and entered by an order of this Court duly made and entered herein April 15, 1913, and duly resettled and entered nunc pro tune April 21, 1913, which said order granted leave to certain claimants therein named, notwithstanding the aforesaid default, to appear and present claims on or before April 22, 1913, and May 15, 1913, and which said order as resettled nunc pro tune April 21, 1913, provided that the time of all claimants to answer or except to the petition herein should extend to and include April 30, 1913; and
WHEREAS this Court by orders duly made and entered from time to time and by an order made and entered July 8, 1913, extended the time of all claimants to answer or except to the petition herein, or to file amended answers herein, to and including September 1, 1913; and
WHEREAS this Court granted leave by orders duly entered April 21, 1913, August 1, 1913, September 19, 1913, and November 21, 1913, to file certain further claims, notwithstanding the aforesaid default entered April 15, 1913, and Alex. Gilchrist, Jr., Esq., Commissioner, duly made supplemental reports to this Court on May 16, 1913, 27 August 11, 1913, and November 29, 1913, which were duly filed herein on said dates respectively, showing all claims presented subsequent to April 15, 1913, pursuant to the aforesaid orders giving leave to file further claims, said claims being 15 in number and $320,956.73 in amount; and certain other claims have been filed from time to time by special leave of this Court notwithstanding said default entered April 15, 1913; and
WHEREAS no claims other than the foregoing have been presented to Alex. Gilchrist, Jr., Esq., the Commissioner appointed as aforesaid, or have been filed by special leave of this Court; and
WHEREAS, on the return of the monition aforesaid, April 15, 1913, proclamation was duly made citing all persons claiming damages as aforesaid to appear and present their claims and to answer the petition herein, and no person or persons other than those herein mentioned have presented claims, appeared or answered, or requested further time within which to file claims or to appear and answer the petition; and
WHEREAS answers to the petition were filed by the following claimants, to wit:
Frederick K. Seward, Henry S. Harper, Jeanne Levy, Elizabeth A. Mellenger, Henry Anderson, Frederick C. Spedden, Gilbert M. Tucker, Jr., Long Island Loan & Trust Company, as Executor of Wyckoff Van Derhoef, deceased, Thirza Farthing, Philip E. Mock, Samuel L. Goldenberg, Ella Holmes White, Norman C. Chambers, Elizabeth Bonnell, Peter Denis Daly, Marie G. Young, Dickinson H. Bishop, Caroline Bonnell, Lillian W. Bentham, Richard L. Beckwith, Hamad Hassab, Mrs. Richard L. Beckwith, Helen W. Bishop, Elsie E. Bowerman, E. F. Calderhead, Albert F. Caldwell, Julia Florence Cavendish, Paul Chevre, Edithe M. Bowerman Chibnall, Stuart Collett, Chong Chip, Mary E. Compton, Sarah R. Compton, Washington Dodge, Elizabeth M. Eustis, Chung Foo, Dorothy Gibson, J. Irving Flynn, Pauline C. Gibson, George A. Harder, Mrs. George A. Harder, Myra H. Harper, Masono Masabumi, Yum Hee, Mrs. Sarah Iles, Nora A. Keane, E. T. Kimball, Jr., Anton Kink, Alice Farnum Leader, Amelia Lemore, Yong Long, James McGough, Margaret Madigan, Paul Mauge, Bertha Moran, Madeline Newell, Marjorie Newell, Helen M. Newsom, Lee Ping, George Rheims, Selina Rogers, Emily 31 Rugg, Abraham L. Salomon, Emma Schabert, Elizabeth W. Schute, William T. Sloper, John P. Snyder, Nelle S. Snyder, M. C. Spedden, Marie Eugenie Spencer, Henry C. Stengel, Martha E. Stevenson, Margaret Wells Swift, Edwina Celia Troutt, Nessie Watt, Bertha Watt, Susie Webber, Addie D. Wells, Mary Hitchcock Wick, Mary Natalie Wick, Marion Wright Woolcott, Frances M. Walker, Executrix of Wm. Anderson Walker, deceased, Ida Garfield Jones, as Administratrix of the estate of Charles C. Jones, deceased, Zana Shedid, mother of Daher Shedid, deceased, Caroline L. Brown, Bertha G. Chambers, George M. Eitemiller, as Administrator of G. Floyd 82 Eitemiller, Elsie Lurette, Francis M. Ford, sister of Robina W. Ford, Francis M. Ford, sister of Doolina M. Ford, Neil W. Ford and daughter of Margaret Ann Ford, Mary Rade, guardian of Viola Wills and Henry Wills, children of Arthur and Margaret Wills, deceased, Mary Walsh, guardian of same, Thomas McCormack, by his father John McCormack, Simonne Levy, Andree Levy and Yvette Levy by Jeanne Levy, Karl H. Behr, John F. Devine, Administrator of Abe Willar, Eliza J. Ellsbury, widow of James Ellsbury, Nassar Hunna, father of Sarda Hunna, Joseph Matthews, father of William John Matthews, Augusta Louise Slemen, 33 mother of Richard James Slemen, James Watson, father of Ennis Hastings Watson, Arscott Wonnacott, father of Dorothy Ann Turpin, Maria Raffull, wife of Bahaus Raffull, H. Benjamin Howard, son of Benjamin Howard and Ellen T. Howard, Thomas Elias, father of Joseph Elias, Maud J. Van Billiard, mother of William J. Van Billiard and James W. Van Billiard, Elizabeth Cunningham, mother of Alfred Fleming Cunningham, Leon Felix Bricoux and wife, parents of Roger M. J. Bricoux, Pekka Hildunen and wife, parents of Martha
Hildunen, Ida Weinstein, Administratrix of Samuel Lipman, Sonia Nesson, widow of Israel Nesson, Joseph Schmidt and wife, parents of Augusta Schmidt, Lahoud Mowed, father of Sarkis Lahoud, Anna Robson Andrew, mother of Edgar Samuel Andrew, Marianne Megson, mother of Richard William Smith, Algie L. Kirkland, son of Charles L. Kirkland, Wolcott G. Lane, Administrator of William Augustus Spencer, Emily S. Douton, Administratrix of William J. Douton, Rue J. Van Billiard, Administrator of Austin Van Billiard, Elizabeth M. Hunt, widow of George Henry Hunt, Mary E. Newell, Executrix of Arthur Newell, William F. Bennett, father of Mrs. Claire Karns, C. R. Petersen, Administrator of William Laitinen, Frederick W. Shellard, Administrator of Frank B. Shellard, Jane Abi Labb, widow of George Joseph Abi Labb, Mrs. Sit El Biet Thomas, mother of John Thomas, Jr., Mrs. Tanous Daher, widow of Tanous Daher, and Mahala D. Douglas; by Hunt, Hill & Betts, their proctors.
Mary A. Holverson, Executrix of Alexander O. Holverson, deceased, Charlotte D. M. Cardeza, Thomas D. K. Cardeza, Laura Moore and Mabel Swift Moore; by Harrington, Bigham & Englar, their proctors.
Boston Insurance Company; by Ward D. Williams, its proctor.
Anna Abelson, Miriam Kantor and Anna Greenberg; by Coudert Brothers, their proctors.
Elizabeth W. Robert, Elizabeth W. Mennell and Georgette A. Madill; by Avery F. Cushman, their proctor.
Irene Wallach Harris and Albert A. Rosenshine; by Max D. Steuer, their proctor.
Florence Briggs Cumings, Executrix of John Bradley Cumings; by Hervey, Barber & McKee, her proctors.
James A. Hughes, Administrator of Lucien P. Smith, Catherine E. Crosby, Executrix of Edwin Gifford Crosby, Catherine Harbeck, Administratrix of William H. Harbeck, Kate Otter, Administratrix of Richard Otter, Lillie Millet, Administratrix of Frank D. Millet, Mary E. George, Administratrix of Mary E. Corey, Maud M. McCrie, Administratrix of James M. McCree, Jessie Mabel Stanley, Administratrix of Ernest James Crease, Albert B. Stanley, Administrator of Edwin Roland Stanley, Mary E. Davison, Administratrix of Thomas Henry Davison, Gordon C. Hoyt, Administrator of William T. Hoyt, Mary T. Myles, Administratrix of Thomas T. Myles, Catherine E. Crosby, Henrietta R. Crosby and Marian L. M. Thayer; by Everett; Clarke & Benedict, their proctors.
Emilio Portaluppi; by Taft & Sherman, his proctors.
Louise Robins, widow of Victor Robins; Emily J. Bateman, widow of Robert J. Bateman, Solomon Sadowitz, father of Harry Sadowitz, Lelia B. Woody, widow of Oscar S. Woody, Ada Balls, Bertha Bergh, daughter of Lena Solvang, Hanna Lindahl, mother of Agda V. Lindahl, Florence Angle, widow of William A. Angle, Henry Sutehall, Jr., Administrator of Henry Sutehall, Norah Keane, mother of Andy Keane, Anders Johansen, grandfather, and Kristin Johansen, grandmother, of Carl Skoogh, Harold Skoogh, Mabel Skoogh and Margaret 39 Skoogh, Sarah Hilliard, widow of Herbert Henry Hilliard, Claus Rask, Administrator of William Skoogh, Mary A. McCarthy, widow of Timothy J. McCarthy, Lewis Ford Butt, Executor of Archibald W. Butt, William B. Botsford, Administrator of W. H. Botsford, Emma Ashby, widow of John Ashby, Elizabeth L. Rothschild, widow of Martin R. Rothschild, Pauline Baskind, Administratrix of Selman Slocovski, Frank Keto, Administrator of Maria Emelia Panula, Urho Abraham Panula, Arnold Panula, Ernest Arvit Panula, John Nillo Panula and Eno William Panula, Ellen Hakkarainen, Administratrix of Peter H. Hakkarainen and Annie C. Brewe, Administratrix of Arthur J. Brewe; by Graham & L'Amoreaux, their proctors.
Federal Insurance Company, Sea Insurance Company, Ltd., London Assurance Corporation, Marine Insurance Company, Ltd. and Alliance Insurance Company, Ltd.; by Kneeland, Harison & Hewitt, their proctors.
William E. Carter and Lucille Carter; by Winthrop & Stimson, their proctors.
Harry Norman McAdam, Executor of Ernest Adolf Sjostedt; by Rounds, Schuman & Dwight, his proctors.
William Slaviz, Administrator of Sebastiano del Carlo and Serafino Mangiavecchi; by Daly, Hoyt & Mason, his proctors.
Harold W. Ostby, son of Englehart C. Ostby, Rhode Island Hospital Trust Company, Executor of Englehart C. Ostby and Helen R. Ostby; by Frank B. Washburn, their proctor.
Alfred Danbom; by Smith, Gormley & Salmon, his proctors.
Cornelia A. Stanton; by Simpson, Thacher & Bartlett, her proctors.
Herman Mandelbaum, Executor of Emil Taussig; by Stroock & Stroock, his proctors.
Alice M. Silvey, individually and as Executrix of William B. Silvey; by Spencer, Ordway & Wierum, her proctors.
Agnes M. Haram, Administratrix of Mary Mack, William Strom, Administrator of Alnora M. Strom and Thelma M. Strom, John P. Devine, Administrator of Katherine McGowan and Ernst Person; by James H. Hickey, their proctor.
Elizabeth C. Case, Administratrix of Howard B. Case; by John C. Prizer, her proctor.
Sarah F. Crafton; by Joline, Larkin & Rathbone, her proctors.
Popper, Gray & Company, Woods, Lowry & Company, Kny-Scherer Company, J. B. Lippincott & Company, R. H. Sterns & Company, Merchants Marine Insurance Company, Ltd., Marine Insurance Company, Ltd., New Zealand Insurance Company, Ltd., London & Provincial Marine & General Insurance Company, Ltd., Ocean Marine Insurance Company, Indemnity Mutual Marine Assurance Company, Ltd. and Carrie T. Chaffee, Administratrix of Herbert Fuller Chaffee; by Wallace, Butler & Brown, and Barry, Wainwright, Thacher & Symmers, their proctors.
May Futrelle, Administratrix of Jacques Futrelle; by James Allison Kelly, her proctor.
Adele Nasrallah, widow and Administratrix of Nicola Nasrallah, Anthony McMahon, father of Margaret Mc-Mahon, Amy Frances Jacobsohn, widow and Executrix of Sidney Samuel Jacobsohn, Alice F. Christy, Juli Christy, Leontine Pauline Aubert and Magdalena Warzecha; by A. Gordon Murray, their proctor.
Jane Herman, widow of Samuel Herman; by Lowther, Smith & Russell, her proctors.
George Rheims; by Cornelius C. Beekman, his proctor.
N. E. Steffanson; by Whitridge, Butler & Rice, his proctors.
Marks Lewy et al., Executors of Irving G. Lewy; by Arnstein, Levy & Pfeiffer, their proctors.
Cornelius O'Connor, Administrator of Patrick O'Connor, Jeremiah Linehan, Administrator of Michael Linehan and Daniel Buckley, Administrator of Patrick D. O'Connell; by John R. Jones, their proctor.
Susiah Shawah and Simaan Georges Attalah; by Satterlee, Canfield & Stone, their proctors.
Julie M. Olsen for Estate of Nils R. Jensen; by Abbott & Coyne, her
Atlantic Mutual Insurance Company; by Carter, Ledyard & Milburn, its proctors.
Henry C. Blackwell, Executor of Stephen W. Blackwell and Louis Scallan, Administrator of James Kelly; by Carpenter & Park, their proctors.
Walter E. Meyer and Eugene Meyer, Jr., Executors of Edgar J. Meyer; by Englehard & Pollak, his proctors.
Cora E. Fox, widow of Stanley H. Fox, Mary Flynn, widow of John Flynn, Jennie Elias, widow of John Elias, Elizabeth H. Natsch, Executrix of Charles Natsch, Inga Moen, widow of Sigurd H. Moen, Rosa Abbott, mother of Eugene Abbott, John W. Gardner, Administrator, Bridget Mangan, mother of Mary Mangan, Rosa Abbott, mother of Rossmore Abbott, Mary Beter, widow of Thomas Beter, Jennie Elias, mother of Joseph Elias, Viktor Rosblom, husband of Wilhelmina Rosblom, Nils Paulsson, husband of Alma Paulsson, Anders Anderson, father of Peter Anderson, Charles J. Risien, Executor, Augusta Aklund, mother of Hans Aklund, William Planck, Administrator, Viktor Rosblom, father of Sally Rosblom and Viktor Rosblom, Jr., Jennie Elias, mother of Elias Elias, Charles J. Risien, son of Emma Risien, Nils Paulsson, father of Stine Paulsson, Gosta Paulsson, Torborg Paulsson and Paul Paulsson, Anna Cacic, widow of Luka Cacic and mother of Marija Cacic and Grga Cacic, Jeze Oreskovich, widow of Luka Oreskovich, Marija Strillich, widow of Ivan Strillich, Mate Oreskovich, mother of Jeko and Marija Oreskovich, Stane Dimich, widow of Jovan Dimich, Albert Wirz, father of Albert Wirz, Candid Mattman, father of Adolf Mattman, Hadna Mamee, Olaus J. Abelseth, Anna S. Sjoblom, Taman Thomas, Alexander Thomas, C. Hollis Romaine, Imanita Shelley, Lutie Davis Parrish, Rosa Abbott and William Shelley; by A. Leonard Brougham, their proctor;
in all of which answers said claimants contested the right of the petitioner to exemption from liability, as well as its right to limitation of liability; and
WHEREAS no claimants other than those who filed answers as aforesaid are entitled to contest the petitioner's rights to exemption from liability and limitation of liability asserted in this proceeding; and
WHEREAS the time of all persons to present claims to the Commissioner or to the Court and to file answers to the petition has now expired and has not been extended by order of the Court or otherwise and the rights of all persons to present claims and file answers is forever barred; and
WHEREAS a decree of this Court, entered herein June 19, 1913, sustaining certain exceptions to the aforesaid petition filed by William J. Mellor and Harry Anderson, was reversed by the Circuit Court of Appeals for the Second Circuit pursuant to the instructions and mandate of the Supreme Court of the United States, duly given and issued in answer to certain questions of law certified to said Supreme Court by said Circuit Court of Appeals, and a decree of reversal on the mandate of said Circuit Court of Appeals was duly entered herein July 30, 1914, whereby said exceptions were overruled; and whereas all other exceptions filed to said petition have been withdrawn or overruled, and are hereby overruled; and
WHEREAS Henry W. Goodrich, Esq., the Commissioner to whom it was referred to take proofs and report to this Court his conclusions as to the amount or value of the petitioner's interest in the steamship Titanic and her pending freight as of April 15, 1912, duly filed his report and supplemental report herein January 11, 1913, and April 18, 1913, respectively, wherefrom it appears that the amount or value of the petitioner's interest in the steamship Titanic and her pending freight as of April 15, 1912, was $97,772.12; and whereas exceptions filed to said Commissioner's reports by various claimants were duly overruled by an order made and entered herein December 30, 1915, and said reports were duly confirmed thereby, and the amount or value of the petitioner's interest in the steamship Titanic and her pending freight as of April 15, 1912, was duly fixed and appraised by this Court at the sum of $97,772.12, which sum with interest thereon at six percent per annum from April 15, 1912, being $119,525, was duly paid into the registry of this Court December 30, 1915, pursuant to an order duly made and entered herein December 30, 1915; and the aforesaid ad interim stipulation for value filed October 4, 1912 was pursuant to said order cancelled; and $1,240 of said amount was paid out of the registry of this Court for stenographer's fees and charges incurred on the trial of this proceeding hereinafter mentioned, pursuant to an order duly made and entered January 14, 1916, leaving a balance of $118,285 now in the registry of this Court; and
WHEREAS certain claims and answers heretofore withdrawn from this proceeding have all been duly reinstated herein upon the consent of the proctors for the petitioner and the proctors for the claimants interested, and the terms and provisions of all orders of this Court for the withdrawal of any claims or answers, and with respect to the aforesaid injunction and separate restraining order in connection therewith, being more particularly 55 an order entered June 17, 1915, with respect to the claim and answer of Gilbert M. Tucker, Jr., an order entered June 21, 1915, with respect to the claims and answers of Long Island Loan and Trust Company as Executor, et al., and orders entered June 17, 1915, and June 21, 1915, with respect to the claim and answer of May Futrelle, have been waived by the petitioner and all the claimants, and the petitioner has abandoned its appeals heretofore taken from said orders, and the petitioner and all the claimants have consented that said orders be vacated and set aside and superseded by this decree; and
WHEREAS all requirements of the statutes of the United States and of the rules of the Supreme Court of the United States and of this Court with respect to limitation of liability and otherwise have been duly complied with by the petitioner; and
WHEREAS this proceeding duly came on for trial before the Honorable Julius M. Mayer, one of the judges of this Court, June 22, 1915, and was duly heard on the pleadings and proofs on June 22, 23, 24, 25, 26 and 30, and July 1, 2 and 3, 1915, and was argued by Messrs. Charles C. Burlingham, J. Parker Kirlin and Norman B. Beecher, of counsel for the petitioner; and by Messrs. Frederick M. Brown, George Whitefield Betts, Oscar R. Houston, Roger Foster, A. Leonard Brougham, Benjamin Micou, and Frank B. Washburn, of counsel for various claimants; and
WHEREAS, by an instrument dated December 20, 1915, the petitioner and all the claimants entitled to oppose the prayer of the petition except Anders Johansen and Kristin Johansen have agreed upon the compromise and settlement of the issues between them and the entry of this decree; and
WHEREAS, on notice duly given, a motion was duly made May 19, 1916, on the petition and on all the papers filed and all the proceedings had herein, for the entry of a decree which should grant the petitioner the full relief prayed for in the petition filed October 4, 1912, and for such other and further relief as might be just; and Messrs. Harrington, Bigham & Englar, and Messrs. Graham & L'Amoreaux, as proctors for Anders Johansen and Kristin Johansen, having appeared on said motion, and Messrs. Harrington, Bigham & Englar having filed a memorandum thereon; and said motion having thereupon been duly granted by the Honorable Julius M. Mayer, May 19, 1916; and
WHEREAS, in consideration of the aforesaid compromise and settlement, the aforesaid claimants have agreed with the petitioner that the petitioner is entitled to the full relief prayed for in the petition, and to the entry of a decree which shall adjudge:
1. That the petitioner is not liable to any extent for any loss, damage, injury, destruction or fatality, or for any claim whatsoever in any way arising out of or in consequence of the collision of the steamship Titanic with an iceberg on April 14, 1912, and the subsequent sinking and loss of said steamship on April 15, 1912.
2. That the collision of the steamship Titanic with an iceberg on April 14, 1912, and the subsequent sinking and loss of said steamship on April 15, 1912, and the losses, damages, injuries, destruction and fatalities consequent thereon occurred without the petitioner's privity or knowledge, and that the petitioner is entitled to the benefit of the limitation of liability provided in Sections 4283, 4284 and 4285 of the Revised Statutes of the United States and the various statutes supplemental thereto and amendatory thereof;
Now, on reading the subjoined written admission of the correctness of the foregoing recitals made by the undersigned proctors for the parties claimant who filed answers herein, together with the subjoined written consents and waivers of notice of settlement thereof made by all of said proctors; and on motion of Burlingham, Montgomery & Beecher, proctors for the petitioner, it is hereby
ORDERED, ADJUDGED AND DECREED, that the collision of the steamship Titanic with an iceberg on April 14, 1912, and the subsequent sinking and loss of said steamship on April 15, 1912, and the losses, damages, injuries, destruction and fatalities resulting therefrom were occasioned and incurred without the privity or knowledge of the petitioner, and that the petitioner is not liable to any extent for any loss, damage, injury, destruction or fatality, or for any claim whatsoever in any way resulting or arising from or growing out of said collision and sinking, and is free from all personal or corporate liability for any and all loss, damage, injury, destruction and fatality and claims resulting or arising from or growing out of said collision and sinking, as well as for any and all debts, claims and demands of whatsoever nature resulting or arising from or growing out of the voyage of the steamship Titanic which began at Southampton April 10, 1912; and it is further
ORDERED, ADJUDGED AND DECREED that the default of all persons and corporations who may have sustained, or who may claim for, any loss, damage, injury, destruction or fatality resulting or arising from or growing out of the aforesaid collision and sinking, or in respect of any matter or thing happening on the aforesaid voyage, and who have not heretofore presented or filed claims, notwithstanding that due opportunity and notice was given to all persons to file their claims in this proceeding, be and the same hereby is entered, and that all claims which have not heretofore been presented or filed in this proceeding, be and they hereby are forever barred, and that the petitioner, Oceanic Steam Navigation Company, Ltd., and the steamship Titanic, her engines, tackle, apparel, equipment and furniture and her pending freight and passage moneys for the voyage which began at Southampton April 10, 1912, be and they hereby are discharged from all liability in respect thereof; and it is further
ORDERED, ADJUDGED AND DECREED that all persons and corporations who filed claims herein, and all other persons or corporations whatsoever claiming, or who may here-after claim, for any loss, damage, injury, destruction, fatality or any matter whatsoever in any way resulting or arising from or growing out of the aforesaid collision and sinking, be and they hereby are perpetually restrained and enjoined from bringing or instituting and from prosecuting any action or actions, suit or suits or proceedings of whatsoever nature, upon any cause whatsoever in any country or jurisdiction, or in any court of any country or jurisdiction against the Oceanic Steam Navigation Company, Ltd., or the steamship Titanic, for any loss, damage, injury, destruction or fatality, done, suffered or occasioned, or resulting or arising from or growing out of any matter or thing happening upon the voyage of the steamship Titanic which began at Southampton April 10, 1912; and it is further
ORDERED that any and all bonds and stipulations filed herein by the petitioner and by any of the parties claimant herein be and the same hereby are cancelled and the sureties thereon discharged of record; and it is further
ORDERED that the Clerk of this Court pay out of the registry of this Court forthwith and return to the petitioner or Burlingham, Montgomery & Beecher, its proctors, the aforesaid fund of $118,285, less $1,183.65, his proper fees and charges, being $117,101.35, whereupon this decree shall be marked satisfied; and it is further
ORDERED that service of this decree may be made within the Southern District of New York by any person of full age, by delivering a copy thereof to any person or corporation to be served, its attorney or attorneys, proctor or proctors, and that service may be made in any other district by the United States Marshal for said district by delivering a copy of such decree and exhibiting a certified copy thereof to the person or corporation served, their attorney or attorneys, proctor or proctors.
Julius M. Mayer (sig)
The undersigned, beings proctors for all them answering parties claimant herein, do hereby, for our respective clients, admit the truth of the recitals contained in the foregoing decree, waive notice of settlement thereof and consent to the entry thereof without further notice. New York, July 27, 1916.
||Hunt, Hill & Betts.
Harrington, Bigham & Englar
Ward D. Williams
Avery F. Cushman
Max D. Steuer
Hervey, Barber & McKee per DR
Everett, Clarke & Benedict (proctor for Thayer)
Graham & L’Amoreaux
Kneeland, Harrison & Hewitt
Winthrop & Stimson
Rounds, Schurman & Dwight
Daly, Hoyt & Mason
Smith, Gormley & Salmon
Simpson, Thacher & Bartlett
Strook & Strook
Spencer, Ordway & Wierum
James H. Hickey
John C. Prizer
Joline, Larkin & Rathbone
Wallace, Butler & Brown
Barry, Wainwright, Thacher & Symmers
James Allison Kelley
A. Gordon Murray
Lowther, Smith & Russell
Calderhead & Mulligan
Whitridge, Butler & Rice
Arnstein, Levi & Pfeiffer
John R. Jones
Saterlee, Canfield & Stone
Abbott & Coyne
Carter, Ledyard & Milburn
Carpenter & Park (Park & Matthison)
Englehard & Pollak
A. Leonard Brougham
Frank B. Washburn