Claim of SUSIAN SHAWAH
wife of
Youssif Ibrahim Shawah
UNITED STATES DISTRICT COURT, FOR THE
SOUTHERN DISTRICT OF NEW YORK.
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| IN THE MATTER - of the - Petition of the OCEANIC STEAN NAVIGATION COMPANY, LTD., for limitation of liability as owner of the Steamship "TITANIC". |
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Susian Shawah for claim against the Oceanic Steam Navigation Company, Ltd., in the above-entitled matter, by Satterlee, Canfield & Stone, her proctors, alleges:
(1) On information and belief, that the Oceanic Steam Navigation Company, Ltd., is a corporation duly organized and existing under the Laws of Great Britain and Ireland, and that it was and is the sole owner and operator of the S.S. "Titanic".
(2) On information and belief that the claimant herein resides at Beirut, Syria.
(3) On information and belief, that on April 10th, 1912, the said S.S. "Titanic" sailed from Southampton, bound for New York. That on the same day she touched at Cherbourg for additional passengers. That on the said April 10th one Youssif Ibrahim Shawah took passage, third class, on the said S.S. "Titanic" from Cherbourg to New York. That he duly paid his passage thereon, and that the said Oceanic Steam Navigation Company, Ltd., then and there understood to transport him and his luggage and effects to New York City.
(4) On information and belief, that on the 14th day of April, at about 11:40 P. M. ship's time, approximate latitude 41º 46' north and longitude 50º 14' west, and during the course of the said voyage to New York the "Titanic" came into collision with an iceberg, and as a result of this collision, early in the morning of April 15th, 1912, the "Titanic" sank in approximately the same position, and that the said Youssif Ibrahim Shawah was carried down with the said ship and drowned.
(5) On information and belief, that the said loss of the "Titanic" and the death of the said Youssif Ibrahim Shawah occurred without negligence on the part of the said Youssif Ibrahim Shawah or of the claimant herein. That the said collision and consequent loss of the "Titanic" and death of the said Youssif Ibrahim Shawah was caused by the fault, negligence and carelessness of the Oceanic Steam Navigation Company, Ltd., and of its agents, servants and employees and of the said S.S. "Titanic", in that the said Oceanic Steam Navigation Company, Ltd., by its agents and servants, negligently and carelessly navigated the said "Titanic" at and about the time of the said collision. That the death of the said Youssif Ibrahim Shawah occurred during the course of the said voyage and was directly and solely caused by the said Oceanic Steam Navigation Company, Ltd., through its improper navigation and equipment of the said "Titanic".
(6) On information and belief, that by the laws of Great Britain and Ireland, which were in force at the time that the said Youssif Ibrahim Shawah took passage as aforesaid, and at the time of the said collision and death of the said Youssif Ibrahim Shawah as aforesaid, and at the present time and at all times herein mentioned, it is provided that a right of action exists for the benefit of the wife, husband, parent or child, or all of them, of any person who shall lose his or her life through the negligence or default of another. That such action may be prosecuted by or in the name of any or all of the persons for whose benefit it exists. That if such right of action shall not be begun and prosecuted within six months from the death by the executor or administrator of the deceased, that then and in such case it may be begun and prosecuted by and in the name of any or all of the persons for whose benefit it could have been brought by said executor as aforesaid. That the laws of Great Britain as above alleged, apply and govern in the present case. That a right of action exists for the death of the said Youssif Ibrahim Shawah for the benefit of any wife, parent or child or all of them, for the same.
(7) On information and belief that the claimant herein, Susian Shawah, is the wife of the said Youssif Ibrahim Shawah. That the said Youssif Ibrahim Shawah also left him surviving four infant children, all between the ages of two and nine years, and also a father, who resides in Beirut, Syria. That the deceased was of about the age of thirty years at the time of his death and was by trade a painter. That the claimant herein brings this claim on behalf of herself individually and on behalf of the four infant children of herself and the deceased, and also on behalf of the father of the deceased, all of whom are persons for whose benefit a right of action exists as aforesaid. That no executor or administrator, of the said Youssif Ibrahim Shawah has been appointed by or under the laws of this or any other state or country. That more than six months and less than twelve months have elapsed since the time of the death of the said Youssif Ibrahim Shawah. That the said Youssif Ibrahim Shawah left no last will or testament.
(8) On information and belief, that no credits have been given or received on account of the above described claim, and that no payments have been received or made on account thereof.
(9) On information and belief that the claimant herein as well as all of the persons for whose benefit she makes this claim were dependent for support and maintenance upon the said Youssif Ibrahim Shawah. That by reason of his death as aforesaid, the claimant and those for whose benefit she makes this claim have been injured in the amount of Fifteen thousand Dollars ($15,000.).
WHEREFORE claimant presents her claim and demands judgment against the Oceanic Steam Navigation Company, Ltd., and against the moneys paid or secured to be paid into Court herein and the proceeds of the said S.S. "Titanic" and her pending freight and passage moneys for Fifteen thousand Dollars ($15,000.), and for such other and further relief as to the Court may seem just.
(sig) Satterlee, Canfield, Stone
Proctors for the Claimant,
No. 49 Wall Street,
New York City, N. Y.
STATE OF NEW YORK :
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COUNTY OF NEW YORK :
KARL T. FREDERICK, being duly sworn, deposes and says: That he is an attorney and proctor duly admitted to practice in the District Court of the United States, and he is associated with Satterlee, Canfield & Stone, proctors for the claimant herein, and is in charge of the above claim; that he has read the foregoing proof of claim and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true. That the grounds of his belief and the sources of his information as to the matters not therein alleged of his own knowledge are letters and statements made to him by the attorney for the claimant, and information obtained by the deponent from the records in this matter and from other sources. That the reason why this affidavit and proof of claim are made by deponent and verified by him rather than by the claimant in person is that the said claimant is not now within the State of New York, but is, as deponent is informed and believes, at Beirut, Syria.
Sworn to before me this :
30th day of December, 1912. : (sig) Karl T. Frederick
(sig) James P. McManus
Commissioner of Deeds
City of New York.