CLAIM OF WILLIAM R. BOTSFORD (WILLIAM H. BOTSFORD)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK.
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In the Matter of the Petition
-of-
The Oceanic Steam Navigation Company,
Limited, owner of the Steamship TITANIC,
in a Cause of Limitation of Liability.
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THE CLAIM OF WILLIAM R. BOTSFORD, ADMINISTRATOR AND FATHER OF W. H. BOTSFORD, DECEASED.
To Alexander Gilchrist, Esquire, Commissioner appointed to receive claims herein, the claim of William Botsford alleges as follows:
FOR HIS FIRST CAUSE OF ACTION:
First. That he is a citizen of the United States and a resident of Elmira, State of New York.
Second. That the above-named petitioner is a corporation duly organized and incorporated under the laws of the United Kingdom of Great Britain and Ireland ; and that the Steamship "Titanic" was a British vessel belonging to the petitioner; and that said petitioner is a common carrier of passengers and goods for hire.
Third. That the claimant, William R. Botsford, was on the 30th day of April, 1912 by the Surrogate's Court of Essex County, New Jersey, appointed administrator of the estate of the said W. H. Botsford, deceased, for the purpose of obtaining certain insurance money due because of the death of the said W. H. Botsford; and, further, that W. R. Botsford is the father of W. H. Botsford; and that said W. H. Botsford died unmarried and leaving as his next of kin William R. Botsford, father, Talitha Botsford, mother, Amy C. Botsford, sister; Talitha Botsford, sister and John E. Botsford, brother.
Fourth. That on or about towit April tenth, 1912, claimant's decedent took passage at towit, Southampton, England, on the Steamship "Titanic" under a contract with petitioner to be safely transported from towit, 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 towit, April fourteenth, 1912, with an iceberg, by reason of which collision the Steamship "Titanic" was sunk and claimant's decedent 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 ad 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 a 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 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 foregoing this claim is brought by William R. Botsford as Administrator of the said W. H. Botsford, and in his own behalf as the father of said decedent.
Seventh. That by reason of the premises this claimant been damaged in the sum of seventy-five thousand dollars.
FOR HIS SECOND CAUSE OF ACTION:
The claimant, repeating all the allegations made in the first, second, third, fourth and sixth paragraphs of the above First Cause of Action, alleges and claims further:
Eighth. That the claimant's decedent had baggage and valuables with him on said voyage, as claimant is informed and believes to the value of, towit, Five Hundred ($500.00) Dollars.
That said baggage and valuables 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.
W H E R E F O R E claimant makes and files this claim against the above, The Oceanic Steam Navigation Company, for the sum of Seventy Five Thousand Five Hundred ($75,500.00) Dollars, and prays that the Commissioner appointed to receive the claims herein shall report that the same is due to the claimant and should be allowed him; 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.
Graham L. Amoreaux (sig.),
Herbert Micou (sig.)
(Illegible)
Proctors for claimant.
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| STATE OF NEW YORK, | ) |
| County of Chemung. |
William B. Botsford being first duly sworn says that the above claim is true to his own knowledge and belief, except as to the matters herein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Wm. Botsford (sig.)
Claimant.
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| STATE OF NEW YORK, | ) : ss ) |
| County of Chemung. |
I, JOHN T. SMITH, Clerk of the County of Chemung, and also Clerk of the Supreme Court for the said County, the same being a Court of Record, do Hereby Certify, that Margaret Hanifen, whose name is subscribed to the foregoing affidavit of the annexed instrument, and thereon written, was, at the time of taking such affidavit, a NOTARY PUBLIC, in and for the County of Chemung, dwelling in the said County, commissioned and sworn and duly authorized to take the same.
And further, that I am well acquainted with the handwriting of such Notary, and verily believe that the signature to the said affidavit is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed, the seal of the said Court and County, the 11 day of Jany. 1913.
John T. Smith (sig.)
By O. S. Leonard Dep. Clerk.
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