Docket No. 2490.
UNITED STATES OF AMERICA
on behalf of
Peter W. Harris, individually and as Administrator of the Estate of Catherine Gill, et al.,
Claimants,
v.
GERMANY.
BY THE COMMISSION: –
Catherine Gill, a widow without issue, 38 years of age, was lost with the Lusitania. She left surviving her six brothers and three sisters, all of whom were born subjects of Great Britain, several of whom, through naturalization, became American citizens, and several of whom died subsequent to the sinking of the Lusitania. It appears from the record that Catherine Gill emigrated to the United States when she was about ten years of age. She had been twice married. It is alleged, but not proven, that her first husband, Robert Pennel, had through naturalization, become a citizen of the United States. The record is silent with respect to the nationality of her second husband, James Gill, who died some years prior to her death.
Following the death of her second husband, Catherine Gill lived with her several brothers and assisted in the discharge of ordinary household duties. So far as disclosed by the record no member of the family of deceased was dependent upon or could reasonably anticipate receiving contributions from her in the future, and no American national suffered damages from her death which can be measured by pecuniary standards.
The nationality of the deceased at the time of her death is not disclosed. There is no evidence that the personal property belonging to the deceased which was lost with her was impressed with American nationality. Such of the claimants as were American nationals on the sinking of the Lusitania have failed to discharge the burden resting on them of proving that they have suffered damages from the death of the deceased for which Germany has obligated herself to pay.
Applying the rules announced in the Lusitania Opinion, in Administrative Decision No. V, 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 not obligated to pay to the Government of the United States any amount on behalf of any of the claimants herein.
Done at Washington January 14, 1925.
EDWIN B. PARKER,
Umpire.
CHANDLER P. ANDERSON,
American Commissioner.
W. KIESSELBACH,
German Commissioner.
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