Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-01-16
THE FIRST PROOF
-
Filed Of Loss Of a Person on
the Steamer Portland.
Case Of Late Solomon Cohen First
Of Kind in United States.
Answer 10 the company's Petition for Liability
Limitation Also Flied.

Portland. Me-, Jan. 15.-Samuel l..
Bates. attorney for Nathan Cohen.
Saturday. offered the first proof of loss
of a person going down in TIE steamer
Portland. The proof was made before
United States Commissioner Bradley
appointed a special commissioner by
Judge Webb for the purpose of receiv-
ing and acting on such matters in the
preliminary proceedings on the petition
of the Portland Steamship Company
for limitation of it's liability for the
loss of the Portland to the wreck, and
passenger and freight money.
The document is of general interest
because it was not only. the first IN
this case, but the first presented under
similar circumstances, it is said, in the
United States. 1t is probable that the
same form will be- followed in other
cases.
The first clause is a formal averment
that Nathan Cohen is administrator OF
the estate of Solomon Cohen.
The second clause is of special inter-
est. Except in cases where bodies are
washed ashore it will probably be i'm
possible without the passenger list of
the steamer to show absolutely that
any one was on board. The remaining
sections are as follows:
"Second-That as the claimant is in
formed and believes, the said Solomon
Cohen, on the Goth day OF November,
A. d. 1898, took passage on the steamer
Portland, a vessel belonging to the
above petitioner, and then lying at the
wharf in Boston, in the commonwealth
of Massachusetts, under d contract
with said petitioner to be safely trans
ported, together with the property be-
longing to him. of the value of $50, from
said Boston to Portland, in the State
of Maine. That by reason of negligence
and blame on the part of said petition
err in allowing and permitting said
steamer 10 proceed to sea in dangerous
and threatening weather. whereof the
petitioner had ample notice and warn
ing. and by reason of the unseaworthi-
ness OF said steamer, because of her
faulty construction and because of the
unsoundnesS Of her hull, and because of
the weakness and insufficient strength
and power of her engines and ma
chinery, and because said steamer put
to sea without being fully and properly
manned and equipped and without the
fun list of her necessary officers and
crew, ana through no fault of the
claimants intestate, the said steamer
Portland. while on said passage from
Boston to Portland, foundered. and the
claimants inteState was caused to Suf-
fer great pain of body ANA anguish of
mind and his life was destroyed by
drowning, and his entire personal prop
erty on board of said steamer Portland
was lost.
'Third-That the claimant by reason
of the premises hereby makes ana files
this claim against the said petitioner
for the sum of $1,000. $50 being for the
value of the personal property of the
claimants intestate, lost as aforesaid.
$1,000 being for the damage and injury
sustained by the plaintiff intestate by
reason of suffering from bodily pain
and mental anguish as aforesaid, and
$4,000 being the damage claimed by
reason of the death of claimants intes-
tate. caused as aforesaid. And the
claimant prays that the commissioner
appointed to receive claims herein will
report to the court that the said sum
is due to this claimant, and should be
allowed"