Docket No. 530.
UNITED STATES OF AMERICA
on behalf of
Gertrude Adams, individually and as Administratrix of the Estate of Arthur Henry Adams, Deceased, and William McMillan Adams,
Claimants,
v.
GERMANY.
Docket No. 637.
UNITED STATES OF AMERICA
on behalf of
William McMillan Adams,
Claimant,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
The two cases numbered and styled as above have been considered and will be disposed of together. They are before the Umpire for decision on a certificate of the two National Commissioners[a] certifying their disagreement.
Arthur Henry Adams, an American national, then 46 years of age, with his son, William McMillan Adams, who was then and has since remained an American national, were saloon passengers on the Lusitania. The father was lost. The son was rescued suffering from personal injuries.
In the case first above listed a claim is asserted on behalf of the widow and then son of Arthur Henry Adams for damages sustained by them respectively resulting from his death and for the value of his property lost with him. In the second case above listed a claim is asserted on behalf of the son for personal injuries which he sustained and the value of his property which was lost.
At the time of his death Arthur Henry Adams was employed, under a two-year contract, but the United States Rubber Company and its subsidiary, the United States Rubber Export Company, Ltd., at a salary of $13,000 per annum with fair prospects for advancement. His entire income was absorbed by the payment of the current living expenses of himself, wife, and son. The latter, a claimant herein, who was the decedent’s only child, was then 19 years of age and a student at Trinity College, Cambridge. At the time of her husband’s death the claimant Gertrude Adams was 49 years of age. Mr. Adams, his wife, and son were all physically sound and robust and enjoyed excellent health. Personal effects belonging to the decedent which were lost were on the value of $5,842.
In the wreck of the Lusitnaia William McMillan Adams sustained a fracture of the lower end of the right radius associated with functional paresis of the right forearm which persisted for a period of six months. A splint molded to the hand and wrist was worn by him for more than a year. He also developed a hernia, as a result of the strain to which he was subjected, which was rectified through a surgical operation. He completely recovered from the injuries which he sustained. For physicians, surgeons, nursing, and hospital services he expended various amounts aggregating $990. Personal effects belonging to William McMillan Adams which were lost were of the value of $1,345.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts as disclosed in these records, the Commission decrees that under the Treaty of Berlin of August 25, 1921, and in accordance with its terms the Government of Germany is obligated to pay to the Government of the United States on behalf of (1) Gertrude Adams individually the sum of seventy thousand dollars ($70,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, (2) Gertrude Adams as Administratrix of the Estate of Arthur Henry Adams, Deceased, the sum of five thousand eight hundred forty-two dollars ($5,842.00) with interest thereon at the rate of five per cent per annum from May 7, 1915, (3) William McMillan Adams the sum of seven thousand five hundred dollars ($7,500.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and (4) William McMillan Adams the sum of two thousand three hundred thirty-five dollars ($2,335.00) with interest thereon at the rate of five per cent per annum from May 7, 1915.
Done at Washington March 5, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated December 22, 1924.
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