Docket No. 2559.
UNITED STATES OF AMERICA
on behalf of
Charlotte A. Hardwick, individually and as Executrix of the Estate of Charles C. Hardwick, Deceased, Ambrose H. Hardwick, and Charles C. Hardwick, Jr.,
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.
Charles C. Hardwick, an American national, then 49 years of age, was a passenger on the Lusitania when she was torpedoed. He was subject to exposure and great hardships, resulting in shock and leaving him in a highly nervous condition. After the sinking of the Lusitania he returned to the United States and was under the treatment of his physician for a period of about six months, during which time, however, he was able to give attention to his business in New York City, that of importer and manufacturer of laces, novelties, and white goods.
The claim is made that the shock which Mr. Hardwick received in the Lusitania disaster undermined his health and impaired his business ability and efficiency, to his pecuniary damage. The record fails to establish this claim. While it is true that his business showed losses during the years 1917 and 1918, it is also true that it was unusually prosperous during the years 1920 and 1921. The losses are readily accounted for by the lack of demand for fine imported laces and novelties during the period of America’s participation in the war. The unusually large profits are readily accounted for by the abnormally active demand for such merchandise during the years 1919 and 1920.
Mr. Hardwick had with him on the Lusitania personal effects of the value of $1,024.60, all of which were lost. He died March 1, 1923, but it is not seriously contended that his death was proximately caused by the injuries he complained of. He left a will naming his widow as universal legatee and executrix. This will has been probated and Mrs. Hardwick qualified and is now acting as executrix. Mr. Hardwick was also survived by two sons, Ambrose H. and Charles C., Jr., who at the time of his death were 24 and 18 years of age respectively.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts as disclosed by the record herein, 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 Charlotte A. Hardwick, Executrix of the Estate of Charles C. Hardwick, Deceased, (1) 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 (2) the sum of one thousand twenty-four dollars sixty cents ($1,024.60) with interest thereon 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 Charlotte A. Hardwick individually, Ambrose H. Hardwick, or Charles C. Hardwick, Jr.
Done at Washington January 14, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated December 22, 1924.
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