Limitation of Liability
Hearings
CLAIM OF FRANCES M. WALKER (WILLIAM A. WALKER)
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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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Pursuant to the order of this court in the above entitled
MATTER on the 4th day of October, 1912, and to the motion
thereafter issued thereunder, Frances M. Walker, as Sole
Executrix of the will of William Anderson Walker, deceased, makes
proof of her claim against the Petitioner as follows:
I
That this claimant resides in the City of East Orange in the
State of New. Jersey.
II
That at the times hereinafter mentioned the above named
Petitioner was, and is now, a corporation created by the laws of
the United Kingdom of Great Britain and Ireland, a British
registered company, a common carrier of passengers and freight on
the high seas, and having its principal place of business in the
Borough of Manhattan within the said Southern District of New
York. That until the loss of said Steamship "Titanic",
as hereinafter set forth, it was one of a line of registered
passenger and cargo steamships owned by said Petitioner and
operated by it between the ports of Southampton, in England, and
New York City in the United States.
III
That, prior to the filing of the petition herein and on April
10th, 1912, said Petitioner received the said William Anderson
Walker aboard its said steamship "Titanic" at
Southampton, England, under its contract, theretofore entered
into with him to transport him and his luggage and personal
effects from said Southampton to New York City, for the price
named in said contract as passage money, which price was fully
paid by said William Anderson Walker to said Petitioner in
advance, as was required by it.
IV
That the said steamship "Titanic", while so owned and
operated by Petitioner, and having on board said William Anderson
Walker and his baggage and personal effects, sailed from
Southampton on said last mentioned date and proceeded on its
voyage to the City of New York until Sunday, April 14th, 1912,
when, at about 11.40 P.M., in or near latitude 41°46' N. and
longitude 50°14' W. the said steamship collided with an iceberg
and, about three hours after such collision, sank and thereby
caused the death of said William Anderson Walker and the loss of
all of his baggage and personal effects which he then had with
him on said steamship. That, as this claimant is informed and
believes, the said collision and sinking of said
"Titanic", and the resulting death of said William
Anderson Walker, and the loss of his said properties, were caused
by the wrongful neglects and defaults of the Petitioner herein
and of its agents and servants in that the said steamship was
unsafely and improperly navigated by them, and in that said
steamship was not duly or properly manned or equipped for the
purposes of said voyage and in that neither in said manning and
equipment, nor in the said navigating, did the Petitioner
exercise reasonable care or regard for the safety of said William
Anderson Walker or of his belongings. That the death of said
William Anderson Walker and the said loss of his belongings were
with the privity, fault and knowledge of Petitioner and were not
occasioned by any fault or neglect of said William Anderson
Walker.
V
That the luggage and personal effects of said William Anderson
Walker which were lost with him by reason of said collision and
consequent sinking of said steamship "Titanic"
consisted of the wearing apparel, gold watch and chain, jewelry,
money and other effects which he carried on his person and of the
wearing apparel and other personal effects which were contained
in two trunks, a suit case and a hand bag, all of which he had
with him on said voyage, and that they were of the aggregate
value of not less than one thousand dollars ($1000). That no part
of said sum has been paid by Petitioner.
VI
That by reason of the death of said William Anderson Walker this
claimant has suffered damage in the sum of Twenty Five Thousand
Dollars ($25,000), and that no part of said sum has been paid by
Petitioner.
VII
That thereafter, on April 27th, 1912, the last will and testament
of said William Anderson Walker, deceased, was duly admitted to
probate by the Surrogate of the County of Essex, in the State of
New Jersey, of which County and State said William Anderson
Walker was a resident of, at the time of his death, and, on such
probate, letters testamentary on said will were duly issued by
said Surrogate to this claimant, the widow of said deceased and
the sole party named in said will as executor or executrix
thereof, and this claimant is now such executrix.
THEREFORE, this claimant prays that there be adjudged to be due
to her from this Petitioner, and that there be paid to her, out
of any funds deposited in this court in this proceeding, the said
two sums of twenty five thousand dollars ($25,000) and one
thousand dollars ($1,000), aggregating twenty six thousand
dollars ($26,000)
Frank B. Colton (sig.)
Attorney for Claimant,
52 Wall St., Manhattan,
New York City.
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State of New York
City and County of New York
Frances M. Walker being duly sworn, says:
I am the claimant above named. I have read the foregoing
statements of claim and the same is true to my own knowledge
except as to the matters therein stated to be alleged on
information and belief, and as to those matters I believe it to
be true.
Sworn to before me this
Frances M. Walker (sig.)
13th day of January, 1913.
ILLEGIBLE
Commissioner of Deeds
City of New York