Limitation of Liability Hearings

CLAIM OF EDITH ROSENBAUM - Cont.


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.



--------------------------------------------------- x
In the Matter of the Petition of the
OCEANIC STEAM NAVIGATION COMPANY,
LIMITED for limitation of its liability
as owner of the STEAMSHIP TITANIC.
:
:
:
:
:
:
--------------------------------------------------- x


The claim of EDITH L. ROSENBAUM, alleges as follows:

I. That she is a resident of the City and State of New York.

II. That the above named petitioner is, and at all times hereinafter 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 time 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 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 South Hampton and New York.

III. That on or about April 10th, 1912, this claimant took passage at Southampton on said Steamship Titanic under the contract previously made between this claimant, and petitioner herein, for a valuable consideration paid to petitioner, by the terms of which contract petitioner agreed safely to transfer 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. north Longitude 50 d. 14 m. W. said Steamship Titanic collided with a large ice-berg 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 said Steamship Titanic and the lives and property of persons on board thereof, was caused by the wrongful acts, faults and negligence of petitioner, Oceanic Steam Navigation Company Ltd., and of petitioner's agents and servants in the navigation of said vessel and in failing to make the said vessel sea-worthy 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 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 to transport from South Hampton to New York. The said property was never salved or recovered, and an itemized list thereof with the market value 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 $14,569.50.

WHEREFORE claimant hereby makes and filed this claim against the above named petitioner Oceanic Steam Navigation Company for the sum of $14569.50 , and prays that the Commissioner appointed to receive claims here­in, will report to the Court that the said sum is due this claimant, and should be allowed to her out of any funds deposited in the Registry of the Court in this proceeding, and that this Court decree that this claimant receive from the petitioner herein, damages as aforesaid with interest and costs, and such other and further relief as may be just.

Otto A. Samuels (sig.)
OTTO A. SAMUELS,
Proctor for Claimant,
Office & Post Office Address, 99 Nassau St.,
Borough of Manhattan , City of New York.