Docket No. 407.
UNITED STATES OF AMERICA
on behalf of
Catherine Henry and John Henry,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
This case is before the Umpire for decision on a certificate of the two National Commissioners[a] certifying their disagreement. A brief statement of the facts as disclosed by the records follows:
Catherine Henry, a claimant herein, who had on November 26, 1914, been married to John Henry, an American national, also a claimant herein, was a third-class passenger on the Lusitania. At that time she was 24 years of age and was returning to Ireland on a two years’ visit to her mother, a widow in straitened circumstances earning her livelihood by cultivating a farm of 25 acres which she owned.
When the Lusitania went down Catherine Henry was thrown into the water where she remained some five hours before being rescued. Her experience was distressing, but while she suffered some slight bruises she sustained no fractured or serious contusion. About four months after this tragic experience she was delivered of a normal male child, her first-born, christened Michael Lusitania Henry.
John Henry at the time of his marriage was and since has been and now is employed as a fireman of a stationary engine at a salary which ranged from $25 to $45 per week. Prior to her marriage Catherine was employed as a babies’ trained nurse at a salary of $40 per month and her board. Before her embarking on the Lusitania, claimants state, the sold their household furniture for something in excess of $300 and this with her joint savings, in all $1,900, Catherine Henry took with her in cash on the Lusitania. She also claims to have had with her wearing apparel of the value of $1,000, bed and table linens and table silver aggregating in the value $1,200, and jewelry and toilet articles aggregating in value $600, or property totaling $4,700, all of which was lost and for which claim is made.
A claim is also presented on behalf of Catherine Henry for $10,000 for personal injuries received and an additional claim on behalf of John Henry for $5,000 for loss of his wife’s services, expenses incurred by him in maintaining her in Ireland from May, 1915, until December 1922, and expenses incurred by him in visiting her in Ireland from October, 1917, to October, 1918. During that visit Mrs. Henry gave birth to twins, Patrick Joseph and Mary Agnes. When Mrs. Henry returned to America in December, 1922, all three of their children were left behind in Ireland with her mother in Ireland, where they still are.
There are statements in the record to the effect that Mrs. Henry is still nervous and suffers from the shock which she sustained when the Lusitania was wrecked. That she did suffer serious shock there can be no doubt, but the evidence of permanent injury is unsatisfactory, as is also the evidence of the amount of money and value of the personal effects lost.
Considering the two claims together and applying the principles and rules heretofore announced in the decisions of this Commission 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 its terms the Government of Germany is obligated to pay to the Government of the United States on behalf of Catherine Henry and John Henry jointly 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.
Done at Washington September 19, 1924.
EDWIN B. PARKER,
Umpire.
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[a] Dated February 14, 1924.
53281º–25—-28
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