CLAIM OF ELIZABETH ROTHSCHILD
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,
Owner of the Steamship "Titanic,"
For Limitation of Liability.
THE CLAIM OF ELIZABETH L. ROTHSCHILD, WIDOW AND EXECUTRIX OF MARTIN ROTHSCHILD, DECEASED.
To Alex. Gilchrist, Jr. Esq., Commissioner appointed to receive claims herein, the claim of Elizabeth L. Rothschild alleges as follows:
FOR HER FIRST CAUSE OF ACTION:
First: That she is a citizen of the United States and a resident of the City of. New York , Southern District 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, Elizabeth L. Rothschild, was, on May 22nd, 1912 by the Surrogates court of County of New York appointed Executrix of the estate of the said Martin Rothschild, deceased, under the will of the said decedent, and that under the said will the entire estate of decedent was left to claimant.
Fourth: That on or about to-wit April 10, 1912, claimant's husband took passage at to-wit, Southampton , England , on the
Steamship "Titanic" under a contract with petitioner to be safely transported from to-wit, 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 to-wit April 14, 1912, with an iceberg, by reason of which collision the Steamship "Titanic" was sunk, and claimant's said husband 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 had 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 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 executer or administrator of the 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 premises this claimant has been damaged in the sum of fifty thousand dollars.
FOR HER SECOND CAUSE OF ACTION:
The claimant, repeating all the allegations made in the first, second, third and fourth paragraphs of the above first cause of action, alleges and claims further:
Seventh: That claimant's decedent had baggage and valuables with him on said voyage, as claimant is informed and believes, to the amount of: Money, twelve hundred ($1200) dollars; clothing, five hundred ($500). dollars; and a pearl pin and watch, three hundred ($300) dollars; total, two thousand ($2000) dollars. That said baggage, and property 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.
WHEREFORE , claimant makes and files this claim against the above, The Oceanic Steam Navigation Company, for the sum of fifty-two thousand ($52,000) 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 claimant; 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 T. Amoreaux (sig.)
Herbert Micou (sig.)
Proctors for Claimant.
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State of New York , )
County of New York , :
City of New York . )
Elizabeth L. Rothschild being first duly sworn says that the above claim is true to her own knowledge and belief, except as to the matters herein stated to be alleged on information and belief, and as to those matters she believes it to be true.
Elizabeth A. Rothschild (sig.)
Subscribed and sworn to before me
this 22 day of November 1912.
[SEAL]
Henry L. Conklin (sig.)
Notary Public
New York County , N. Y.