Docket No. 2056.
UNITED STATES OF AMERICA
on behalf of
William James Carson and Farmers and Mechanics Trust Company, Administrator of the Estates of John Catherwood and Maria Catherwood, Deceased,
Claimants,
v.
GERMANY.
BY THE COMMISSION: –
John Catherwood, a naturalized American citizen, and his wife, Maria Catherwood, were passengers on and went down with the Lusitania. They were without issue. It is alleged that John Catherwood left him surviving a brother, Thomas, an American citizen, on whose behalf no claim is made. Maria Catherwood left her surviving a brother, William James Carson, a claimant herein.
There is no evidence that either of the decedents had made, or was likely to make, any pecuniary contributions to anyone surviving him or her that anyone was dependent upon either of them. The claimants have wholly failed to discharge the burden resting upon them of proving that the deaths of the deceased have resulted in damages to them which can be measured by pecuniary standards.
The Farmers and Mechanics Trust Company, of West Chester, Pennsylvania, has been duly appointed and qualified as Administrator of the Estate of John Catherwood, Deceased, and also of the Estate of Maria Catherwood, Deceased. According to the sworn statement of the trust officer of the administrator, the decedents “had with them personal property to the value of $500.00 which was lost and not recovered including personal wearing apparel, trunks, jewelry and money”. In the absence of evidence it will be assumed that the property lost by each of the deceased was of equal value.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts as disclosed by this 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 (1) Farmers and Mechanics Trust Company, Administrator of the Estate of John Catherwood, the sum of two hundred fifty dollars ($250.00) and (2) Farmers and Mechanics Trust Company, Administrator of the Estate of Maria Catherwood, the sum of two hundred fifty dollars ($250.00), with interest on each of said sums at the rate of five per cent per annum from May 7, 1915; and further decrees that the Government of Germany is not obligated to pay to the Government of the United States any amount on behalf of the claimant William James Carson.
Done at Washington January 7, 1925.
EDWIN B. PARKER,
Umpire.
CHANDLER P. ANDERSON,
American Commissioner.
W. KIESSELBACH,
German Commissioner.
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