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Mrs. Elsbury, Wife of Titanic Victim, Unable to Collect Damages for Death


Attorney Finds That Amount for Which Co. is Liable is Insignificant; Will Receive only Fare Paid

Mrs. James Elsbury who lives just west of Gurnee, and whose husband was one of those who perished on the White Star Line steamer (the Titanic,) stands very little chance of ever collecting damages from the company, according to her attorney, C. C. Edwards, who has been working on the case for some little time. According to Mr. Edwards, a New York court has issued what is known as a monition, restraining anyone from starting a suit for damages against the White Star Line, except in the court where the monition was issued. This makes it very difficult for many to start suit, the ruling, apparently, being wholly in favor of the company. But this is by no means the worst part of it, he says. There is a law which says that a boat company is liable only for the extent of the salvage. In addition to this the heirs of a victim drowned in an accident like that of the Titanic, may recover the fares of the deceased victims. In the case of the Titanic, all the salvage was four life boats, whose total value will not exceed $4,500. The total amount of fares paid for _______ amounted to $85,000 Thus _____ the families of the victims may recover the amount of fare paid, which will be taken out of the $85,000, the total amount of damages which the company will be obliged to pay for will not exceed $4,500 salvage. Thus if a suit was entered by the relatives of each victim, they would receive as damages only their proportionate share of the $4,500. This fact will cause many people to drop their suits which they had begun as it would cost more to travel to New York and start the suit a-new there, than they could possible get out of it. For this reason it is very probably that Mrs. Elsbury will drop all plans by starting a suit. Shortly after the fatility, two or three suits were started in Chicago and it was this which caused Mrs. Elsbury to place her case in the hands of an attorney, and that suit be started. The monition issued in New York, however, speedily restrained these suits and it is very doubtful if any suits be started. The death of Mr. Elsbury is recalled by all. He was returning from a trip to England and chose passage on the maiden voyage of the Titanic. For a long time his fate was in doubt but that he was drowned. Mr. Elsbury was one of the best known farmers in Lake county.

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Encyclopedia Titanica (2003) WIFE CAN'T COLLECT DAMAGES (Antioch News, Wednesday 1st January 1913, ref: #1964, published 28 November 2003, generated 24th January 2023 01:51:03 PM); URL : https://www.encyclopedia-titanica.org/wife-cant-collect-damages.html