Limitation of Liability Hearings

CLAIM OF FROLICHER-STEHLI, MAX - Cont.


DISTRICT COURT OF THE UNITED STATES,
FOR THE SOUTHERN DISTRICT OF NEW YORK.

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IN THE MATTER
Of
Claim 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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: MAX FROLICHER-STEHLI
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TO THE. HONORABLE JUDGES OF THE DISTRICT COURT OF THE UNITED STATES, FOR THE SOUTHERN DISTRICT OF NEW YORK:

REPUBLIC OF SWITZERLAND :SS.
CITY OF ZURICH.



MAX FROLICHER-STEHLI being duly sworn, deposes and says:

I. That he is a citizen of Switzerland and resides at No. 6 Mittelstrasse in the City of Zurich, in said Switzerland, and is the person claiming damages for the loss, destruction, damage and injury of property by the collision hereinafter described, against the monies paid or to be paid into Court herein, and against the said Petitioner herein, and that the manner, grounds and amount of his claim, the particular dates upon which the same accrued, and what, if any, credits were given thereon, and what payments, if any, have been made on account, with a bill of particulars giving the respective dates and amounts thereof, are as follows:

II. That on or about the 14th day of April, 1912, he was a first-class passenger, from Cherbourg to New York, on the Steamship "Titanic," of the Oceanic Steam Navigation Company, Limited; on said 14th day of April, 1912, said Steamship "Titanic" collided with an iceberg, as set forth in the Libel and Petition herein.

III. That by reason of said collision, and, as de­ponent is informed and believes and charges, through the fault of the said Petitioner, the Oceanic Steam Navigation Company, Limited, or of its agents and servants in charge of the Steamship "Titanic" and without any fault on his part, said Steamship "Titanic" was sunk at sea and became a total wreck.

IV. That by reason of the sinking of the said Steamship "Titanic" and the necessity of immediate departure to the life-boats, deponent was unable to remove, or cause to be removed, any of his personal baggage, but was compelled to leave everything on board said Steamship, except such clothes as he at the time was wearing.

V. That by reason of said collision and subse­quent sinking of said Steamship "Titanic", deponent has sustained damages in the loss of his said baggage in the estimated sum of Seven hundred and thirty-five and 33-100ths Dollars ($735.33); that annexed hereto as a part of this affidavit, and marked Schedule "A", is a statement of deponent's said baggage with the estimated value of each item thereof, which values, to the best of deponent's knowledge, information, and belief, are accurate and reasonable; that each and every article set forth in said schedule was owned by deponent and was in his possession on said Steamship, and that all of said articles were totally lost with said ship, and as deponent is informed and believes, no one of said articles has been raised or salved from the wreck thereof.

VI. That no credits of any kind have been given upon said claim, and no payments made upon account thereof, by the Petitioner herein, or by anyone in the name or on behalf of said Petitioner.

WHEREFORE, deponent hereby appears in this proceeding and makes this proof of his claim in the sum of Seven hundred and thirty-five and 33-100ths Dollars ($735.33) against the said monies paid into Court or to be paid into Court herein, and the said Oceanic Steam Navigation Company, Limited, owner of said Steamship "Titanic".

Sworn to before me this
31st day of December 1912.
Max Frolicher-Stehli (sig.)


U. S. CONSULATE GENERAL
CONFEDERATION OF SWITZERLAND : S. S.
CITY OF ZURICH.

Subscribed and sworn to before me
the undersigned Vice Deputy Consul
General of the United States of America
at Zurich, Switzerland, on the day and
year last above written.



Harry A. Bride (sig.)
U.S V. & D. Consul General.



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