Docket No. 265.
UNITED STATES OF AMERICA
on behalf of
Daniel Virgil Moore,
Claimant,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
This case is before the Umpire for decision on a certificate of the American Commissioner and the German Commissioner[a] certifying their disagreement. A brief statement of facts as disclosed by the record as follows:
Daniel Virgil Moore, a physician and surgeon, then 36 years of age, was a passenger on the Lusitania when that vessel was destroyed May 7, 1915, and sustained personal injuries and property losses. Dr. Moore is a graduate of the Medical College of Crieghton University, Omaha, Nebraska, and also of Columbus Hospital, New York City. Prior to 1915 he had for a number of years actively practiced his profession at Yankton, South Dakota, and the country contiguous thereto. It is clear from the record that he was and is a surgeon of outstanding ability, had the confidence of the community in which he lived, as a physician and surgeon as well as a man, and enjoyed a lucrative practice. When the Lusitania went down Dr. Moore was in the water about two hours, suffered from exposure and shock, and immediately thereafter was confined under a doctor’s care and medical treatment for about a month. As a result of such exposure and shock he suffered from sinus infection, neuroses, and cardiac distress, for all of which he was professionally treated for a period of approximately 18 months. Because of his nervous condition he was not able to perform operations or resume the practice of his profession for a considerable time.
The personal property which Dr. Moore had with him on the Lusitania and which was lost was of the value of $1,250.00.
Applying the principles and rules heretofore announced in the decision 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 the terms of the Government of Germany is obligated to pay to the Government of the United States on behalf of Daniel Virgil Moore the sum of ten thousand dollars ($10,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and the further sum of one thousand two hundred fifty dollars ($1,250.00) 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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