Docket No. 157: Annie MacHardy

Docket No. 157 UNITED STATES OF AMERICA on behalf of Peter Kenneth MacHardy, individually and as Administrator of the Estate of Annie R. MacHardy, Deceased, 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 the facts as disclosed by the record follows: The United States asserts this claim on behalf of Peter Kenneth MacHardy for losses sustained by him resulting from the death of his wife, Annie R. MacHardy, while a passenger on the Lusitania. At the time of her death Mrs. MacHardy was 31 and her husband, an American national, was 38 years of age. They had been married some four years, during practically all of which time she was in the employ of Macy & Company, New York City, as a waitress at a weekly wage of $4.50 and in addition, according to the claimant’s testimony, received gratuities bringing her aggregate earnings to an average of $18.00 per week. She was enroute [sic] to Scotland to visit her only child, an unmarried daughter, a citizen of the British Empire and a resident of Scotland, named Catherine A. MacHardy. The claimant testifies that it was the intention of his wife to return to him and resume her occupation and contributions to the maintenance of the household. No claim is made for property lost. Applying the rules announced in the Lusitania Opinion 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 Peter Kenneth MacHardy individually the sum of four thousand dollars ($4,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923; and that the Government of Germany is not obligated to pay any amount to the Administrator of the Estate of Annie R. MacHardy, Deceased. Done at Washington February 21, 1924. EDWIN B. PARKER Umpire. ---- [a] Dated February 14, 1924.

About the Author