Docket No. 2488.
UNITED STATES OF AMERICA
on behalf of
Elda E. Foss, individually and as Administratrix of the Estate of Carl E. Foss, Deceased, and Margaret Foss,
Claimants,
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.
From the record it appears that Carl E. Foss, then 27 years of age, was a passenger on the torpedoed Lusitania. When the vessel went down Foss was thrown into and remained in the water some four hours, when he was rescued. He suffered contusions on his body from floating wreckage and severe general shock to his nervous system. As a direct result of these injuries there developed a serious kidney disease which only partially yielded to treatment and which finally resulted in his death on the 25th day of February, 1924.
Foss, who was practising medicine and surgery at Havre, Montana, took passage on the Lusitania for the purpose of studying and practising military surgery. To that end he took with him surgical instruments and books, as well as his wardrobe and other personal effects, including jewelry and cash, all aggregating in value $3,500 and all of which were lost. He left surviving him as his sole heirs-at-law a widow, Elda E. Foss, and a daughter, Margaret, the latter now nearly 9 years of age, both American nationals, both of whom were entirely dependent for their support upon his earnings. The widow was appointed, qualified, and is the acting Administratrix of his estate.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts 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 (1) Elda E. Foss the sum of twelve thousand dollars ($12,000.00), (2) Margaret Foss the sum of eight thousand dollars ($8,000) with interest on each of said sums at the rate of five per cent per annum from November 1, 1923, and (3) Elda E. Foss, Administratrix of the Estate of Carl E. Foss, deceased, the sum of three thousand five hundred dollars ($3,500.00) 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 22, 1924.
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