Docket No. 619.
UNITED STATES OF AMERICA
on behalf of
The Estate of Samuel M. Knox, Deceased,
Claimant,
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.
It appears from the record that Samuel M. Knox, an American national, then nearly 58 years of age, was a passenger on the Lusitania when it was torpedoed and sunk May 7, 1915. He survived until April 8, 1924, when he died, leaving surviving him a widow, Florence P. Knox, and one daughter, Jean Knox Chambers, both of whom were born and have ever remained American nationals.
Mr. Knox had with him on the Lusitania personal property of the value of $1,330 which was lost.
When the Lusitania sank Mr. Knox was caught under one of the smokestacks and carried down into the sea. He came to the surface covered with soot and cinders. He was rescued and placed in a collapsible boat, which was afterward picked up by a fishing sloop, and he was later transferred to a Cunard tender and carried into Queenstown, reaching there about seven hours after the Lusitania was sunk. His clothes were saturated; he was severely chilled and suffered great nervous shock. He was not able to give attention to the business which took him to England as president of the New York Shipbuilding Company, and for some time was not able to give attention to any business. On his return to the United States he retired from business on the advice of his physician. At that time he was receiving an annual salary of $18,000 and in addition was paid an annual bonus depending on the profits of the company. His family physician testifies that he advised Mr. Knox to retire from business because of his nervous condition and high blood pressure which incapacitated him from giving constant and concentrated attention to his work. The record indicates that this condition was in part at least attributable to the nervous shock which he sustained and the exposure to which he was subjected in the Lusitania disaster.
Applying the principles and 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 herein, 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 the Estate of Samuel M. Knox, Deceased, (1) 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 (2) the sum of one thousand three hundred thirty dollars ($1,330.00) with interest thereon at the rate of five per cent per annum from May 7, 1915.
Done at Washington January 7, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated December 17, 1924.
53281°–25—-32
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