Docket No. 257.
UNITED STATES OF AMERICA
on behalf of
Belle Saunders Naish, individually and as Administratrix of the Estate of Theodore Naish, Deceased,
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 facts as disclosed by the record as follows:
Theodore Naish, a native of England, became through naturalization a citizen of the United States on September 24, 1891. On June 19, 1911, being then 55 years of age, he married Belle Saunders, then 45 years of age, who was born and ever remained an American citizen. Naish was by profession a civil engineer and had been long employed in the department of public works at Kansas City, Missouri. He had the respect and esteem of his associates. He and his wife lived modestly but comfortably in Kansas City. Naish had acquired some improved real estate, which yielded him a small revenue. He continued to work at his profession at a salary of $1,500 per annum. During the years 1913-1914 he had purchased three life-annuity policies, the aggregate purchase price being $3,529, which obligated solvent insurance companies to pay him, during his life, $300 per annum. The record clearly establishes the facts that Naish was physically strong and mentally alert and that he and his wife were very congenial and in a modest way led an unusually wholesome life. They were accustomed to take together long walks into the country, and it is abundantly proven that after walking 10 or so miles neither showed fatigue.
Mr. and Mrs. Naish were passengers on the Lusitania on May 7, 1915, when that ship was destroyed. Mr. Naish was lost, and Mrs. Naish received bodily injuries and was subjected to exposure and distressing experiences. By the will of Mr. Naish his widow named sole devisee and universal legatee and came into possession of his small estate.
The personal property which Mr. and Mrs. Naish had with them on the Lusitania and which was lost was of the aggregate value $780.00.
Mrs. Naish was thrown into the sea, suffered from a severe wound in the head and other parts of the body, and sustained severe shock from which she will never recover, notwithstanding her naturally strong physique.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts in this case 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 Belle Saunders Naish the sum of twelve thousand five hundred dollars ($12,500.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and the further sum of seven hundred eighty dollars ($780.00) with interest thereon at the rate of five per cent per annum from May 7, 1915.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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