Docket No. 260.
UNITED STATES OF AMERICA
on behalf of
Patrick O’Donnell,
Claimant,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
This case is before the Umpire for decision on a certificate of the National Commissioners[a] certifying their disagreement.
From the record it appears that Patrick O’Donnell, born a British subject, became through naturalization in 1913, and has since remained, an American national. He was a passenger on the Lusitania and sustained personal injuries and property losses when that vessel was destroyed on May 7, 1915. The property lost, including $1,000 in cash, was the value of $2,170. Prior to sustaining the injuries complained of O’Donnell was engaged as a furrier in West Hoboken, N. J., his net earnings amounting to approximately $2,500 per annum. He was en route to visit friends in England and also to buy furs in the London market. When the Lusitania went down he was in the water upwards of three hours before being rescued, and sustained slight bruises and severe shock. The evidence of the claimant and one English and three American physicians clearly indicated that the shock and exposure resulted in serious – possibly permanent – impairment of health, that he has ever since suffered from chronic bronchitis, and that his hearing is impaired. At the time of sustaining these injuries he was 35 years of age and unmarried. He states that he was unable to transact any business for more than twelve months following his injuries and has never resumed his previous business of furrier. In 1920 claimant married and since that time has been assisting his wife, who is the owner of an hotel. The amount of the expenses incurred for physicians’ and hospital fees is not stated.
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 Patrick O’Donnell the sum of fifteen thousand dollars ($15,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and the further sum of two thousand one hundred seventy dollars ($2,170.00) with interest thereon at the rate of five per cent per annum from May 7, 1915.
Done at Washington September 24, 1924.
EDWIN B. PARKER,
Umpire.
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[a] Dated September 23, 1924.
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