Limitation of Liability Hearings

CLAIM OF LUCY NOEL MARTHA
(The Countes of Rothes)


UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF NEW YORK.

THE CLAIM OF The Rt. Hon. Lucy-Noel Dyer Martha Countess of Rothes ALLEGES AS FOLLOWS:

I.

That she is a citizen of Leslie in the County of Fife, Ireland
and a citizen and resident of Leslie House, Leslie, Fife aforesaid.

II.

That the above-named petitioner is and at all times herein mentioned was a corporation organized and existing under the Laws of the United Kingdom of Great Britain and Ireland, and an English registered company and a common carrier, and the owner of the steamship "Titanic." At the times hereinafter mentioned the said steamship "Titanic" was a British sea-going ship, and upon information and belief had been duly registered pursuant to the Laws of the United Kingdom of Great Britain and Ireland, and hailed from the port of Liverpool in said Kingdom and was one of a line of cargo and passenger steamships operated by petitioner between Southampton and New York.

III.

That on or about April 10, 1912, this claimant took passage at Southampton, England, on the said steamship "Titanic" under a contract previously made between this claimant and the petitioner herein, for a valuable consideration paid to petitioner, by the terms of which contract petitioner agreed safely to transport this claimant as a passenger, together with her luggage and personal effects, from Southampton to New York.

IV.

That while on said voyage and on the high seas in or near latitude 41 d. 46 m. N., longitude 50 d. 14 m. W. said steamship "Titanic" collided with a large iceberg on or about April 14th, 1912, and shortly afterward sank, causing the death of a large number of persons and the loss of the cargo, baggage and personal property contained in said vessel. That such loss of the steamship "Titanic" and the lives and property of persons on board thereof was caused by the wrongful acts, fault and negligence of petitioner, Oceanic Steam Navigation Company, Limited, and of petitioner's agents and servants in the navigation of said vessel and in failing to make the said vessel seaworthy and properly manned, equipped and supplied, and otherwise, and such loss and destruction of lives and property was with the privity, fault and knowledge of the petitioner, and occurred without fault on the part of this claimant.

V.

That included in the property so lost and destroyed as aforesaid were certain luggage and personal effects, the property of this claimant, which petitioner had contracted safely to transport from Southampton to New York. The said property was never salved or recovered and an itemized list thereof, with the market values of each item at the date of such loss, is annexed hereto and made a part hereof, marked Schedule "A". No credits have been given thereon and no payments have been made on account thereof.

VI.

That by reason of the premises claimant has been damaged in the sum of £ 2,485.

WHEREFORE claimant hereby makes and files this claim against the above-named petitioner, Oceanic Steam Navigation Company, for the sum of £ 2,485, and prays that the Commissioner appointed to receive claims herein will report to the Court that the said sum is due to this claimant and should be allowed to her out of any funds deposited in the Registry of the Court in this proceeding and that Court decree that this claimant recover from the petitioner herein damages as aforesaid with interest and costs and for such other and further relief as may be just.

Abel I. Smith, Jr. (sig.)
Proctor for Claimant,
Office and Post Office Address,
No. 30 Church Street,
Borough of Manhattan,
New York City, N. Y.