Docket No. 244.
UNITED STATES OF AMERICA
on behalf of
Frederic Warren Pearl and Amy Lea Pearl,
Claimants,
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:
This claim is put forward by the United States on behalf of Frederic Warren Pearl and his wife, Amy Lea Pearl, both of whom were on May 7, 1915, and have ever since been American nationals.
Frederic Warren Pearl had served in the Spanish-American War with the rank of Major and Surgeon. In the early part of 1915 he offered his services to the American Red Cross as a medical officer, and with his wife, four children, and two nurses took passage on the Lusitania from New York on May 1, 1915. Of the four children, the eldest was a boy five years of age, the second a girl two and one-half years of age, the third a girl 14 months old, and the fourth a girl three months old. When the Lusitania was destroyed the two elder daughters were lost. Both Major Pearl and his wife were subjected to the most distressing experiences, Mrs. Pearl sustaining severe contusions of body and limbs, a bad right colles fracture [a wrist fracture of the distal radial bone], and general shock.
Major Pearl now represents the American Red Cross as its medical officer in London, England. He had planned to remain abroad for an indefinite amount of time and to that end took with him numerous personal belongings and household effects for himself and family. This property, of the value of $19,714.00, was lost.
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 (1) Frederic Warren Pearl and his wife, Amy Lea Pearl, the sum of eleven thousand dollars ($11,000.00) (the full amount claimed, excluding property lost) with interest thereon at the rate of five per cent per annum from November 1, 1923, and also (2) Frederic Warren Pearl the sum of nineteen thousand seven hundred fourteen dollars ($19,714.00) 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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