Docket No. 269: Anne Davis

Docket No. 269.

UNITED STATES OF AMERICA
on behalf of
Roger Howell Davis, William John Davis, and David Emyrs Davis by Roger Howell Davis as Guardian,
Claimants,

v.

GERMANY.

PARKER, Umpire, rendered the decision of the Commission.

This case is before the Umpire for decision on a certificate of the American Commissioner and the German Commissioner[a] certifying their disagreement. A brief statement of facts as disclosed by the record as follows:

Anne Davis, age 63, the widow of a naturalized American citizen, was a passenger on and went down with the Lusitania. Three sons and two daughters survived her. The two daughters assert no claim for losses resulting from her death. Her sons were at the time of her death 29, 34, and 25 years of age respectively and were then and have ever since remained American nationals. The youngest son was from birth an incompetent. His brother Roger Howell Davis as legal guardian is asserting this claim on his behalf. The two sons Roger and William are married and maintain their own domestic establishments. While the record is not clear on this point, it appears, by inference at least, that the decedent spent much of her time with her second son, Roger, by occupation a clerk employed by a steel-casting company at Benton Harbor, Michigan, at a salary of $1,800 per annum. This son Roger, the guardian of his incompetent younger brother David, has taken charge of his unfortunate brother, given him a home, and out of his own meager earnings spends on him in addition to room and board about $200 per annum. It is inferred that the decedent was of service in personally looking after and caring for her unfortunate son, who while physically healthy has the mind of a child. The testimony, however, is to the effect that the decedent’s earning capacity did not greatly exceed the costs of her board, room, clothing, and other expenses. The personal effects which she had with her on the Lusitania were of small value.

Applying the rules announced in the Lusitania Opinion to the facts as disclosed by the record, the Commission decrees that under the Treaty of Berlin of August 25, 1921, and in accordance with the terms of the Government of Germany is obligated to pay to the Government of the United States on behalf of (1) Roger Howell Davis the sum of two thousand five hundred dollars ($2,500.00) and (2) Roger Howell Davis, Guardian of David Emyrs Davis, the sum of two thousand five hundred dollars ($2,500.00), with interest on each of said sums at the rate of five per cent per annum from November 1, 1923; and that the Government of Germany is not financially obligated to pay to the Government of the United States any amount on behalf of the claimant William John Davis.

Done at Washington February 21, 1924.

EDWIN B. PARKER
Umpire.

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[a] Dated February 14, 1924.