CLAIM OF MARY H. WICK, MARY N. WICK, PORTER POLLOCK and THOMAS ROBINSON (GEORGE D. WICK)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK.
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IN THE MATTER
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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TO THE COURT AND TO THE COMMISSIONER APPOINTED TO RECEIVE CLAIMS HEREIN: -
The claimants Mary Hitchcock Wick, Mary Natalie Wick, Porter Pollack and Thomas L. Robinson, as executrices and executors under the last will and testament of George D. Wick, deceased, allege as follows: -
FOR A FIRST CAUSE OF ACTION
First: That at all the times herein mentioned the said claimants were and are residents of Youngstown, in the County of Mahoning, in the State of Ohio, and citizens of the State of Ohio. That George D. Wick died on or about the 15th day of April, 1912, and at the time of his death, was a resident of Youngstown, in the said county and state, and a citizen of the state of Ohio and of the United States and left a last will and testament, which was duly probated in the Probate Court for the County of Mahoning in the State of Ohio, on the second day of May, 1912. Letters Testamentary were granted on the same day under the said Will to the said Mary Hitchcock Wick, Mary Natalie Wick, Porter Pollock and Thomas L. Robinson, these claimants, who are now the duly appointed and qualified executrices and executors of the said will of George D. Wick, deceased.
Second: The said George D. Wick, deceased, left him surviving his wife, the said Mary Hitchcock Wick, and daughter, Mary Natalie Wick, and a son, George D Wick, Jr. and left no other children, step-children, grand-children him surviving, nor any parent, grand-parent, or step-parent him surviving.
Third: 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.
Fourth: That on or about April 10th, 1912, the claimants' testator took passage at Southampton, England, on the said steamship 'TITANIC" under a contract previously made between these claimants' testator and the petitioner herein, for a valuable consideration paid to petitioner, by the terms of which contract petitioner agreed safely to transport these claimants' testator as a passenger, together with his luggage and personal effects from Southampton to New York.
Fifth: 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. and on or about April 14th, 1912, the said steamship "TITANIC" collided with a large iceberg and shortly afterward sank, causing the death of the said George D. Wick, and a large number of other 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 were caused by the wrongful acts, neglect, 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 in failing to provide sufficient life boats and in failing to man such life boats as were provided with sufficient and properly drilled crews, and in failing properly to utilize said life boats and in failing, after the said collision, to take proper measures for the rescue of said George D. Wick and other persons on board the "TITANIC", 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 claimants' testator.
Sixth: That the English Statute, known as Lord Campbell's Act, Vict. 9 and 10, Chapter 93, and amendments thereof, provide that when the death of a person is caused by wrongful act, neglect or default which, if death had not ensued, would entitle the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued shall be liable in an action by the executors or administrator of the deceased, for the benefit of the wife, husband, parent and child, grand-parent, grandchild, step-father or stepmother, step-son and step-daughter, or the person whose death shall have been so caused. Such Statute further provides that such action is to be commenced within twelve calendar months after the death of the deceased and shall be brought in the name of the executor or administrator of the deceased or, if none has been appointed, or if appointed fails to act, then it may be brought by and in the name of any or all of the persons for whose benefit it would have been, if brought in the name of the executor or administrator, and such statute provides that in every such action the Jury may give such damages as they may think proportionate to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought. By reason of the facts hereinbefore stated, the claimants have a cause of action entitling them to file this claim and do file this claim for damage for the loss of life of the said George D. Wick, for the benefit of the following persons, namely: Mary Hitchcock Wick, widow of the said George D. Wick, deceased; Mary Natalie Wick, daughter of the said George D. Wick, deceased, and George D, Wick, Jr., a son of the said George D. Wick.
Seventh: That by reason of the premises, these claimants and the aforesaid persons for whose benefit the said claim is filed have been damaged by the petitioner in the sum of One hundred thousand dollars ($100,000.00) through the loss of the life of these claimants' testator.
FOR A SECOND CAUSE OF ACTION THESE CLAIMANTS ALLEGE AS FOLLOWS:-
Eighth: They repeat and re-allege the allegations contained in the "First", "Second", "Third", "Fourth" and "Fifth" paragraphs hereof as if the same were again fully set forth.
Ninth: That included in the property so lost and destroyed as aforesaid through the sinking of the "TITANIC", were certain luggage and personal effects, the property of these claimants' testator, which petitioner had contracted safely to transport from Southampton to New York. That no part of said property was ever 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".
Tenth: That by reason of the premises, these claimants have been damaged in the sum of $1,925.00 through the loss of the aforesaid luggage and personal effects in addition to the aforesaid sum of $100,000.00, claimed in the first cause of action above set forth. No credits have been given and no payments have been made on account of the claims above set forth.
WHEREFORE these claimants hereby make and file this claim against the above named petitioner Oceanic Steam Navigation Company, for the sum of $101,925.00, together with costs from April 15th, 1912, and pray that the commissioner appointed to receive claims herein will report to the court that the said sum is due to these claimants, and that these claimants recover from the petitioner herein damages as aforesaid, with interest and costs, and for such other and further relief as may be just.
Hunt, Hill & Betts (sig.)
Proctors for Claimants,
165 Broadway,
Borough of Manhattan,
City of New York.