Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-04-30
LEGAL QUESTIONS INVOLVED
In the Going Down of the Titanic
What Some Lawyers Say.


Lawyers believe today that the pres
ence of Mr.. Ismay on board the I'll
tanie will be taken by the courts as
meaning that the directorate of the
company was directly in touch with
the great ship of the White Star line.
This will mean that the company viii
be personally responsible for the loss,
and will probably mean that the White
Star line will be unable 70 shield itself
behind the we'll established rule Of
maratime law that a company is not
responsible, in a sea disaster. beyond
the value of the ship and cargo.
Ismay's presence, however, may
give am entirely different aspect to the
case of sea damages, and may make
the company responsible for damages
fer loss of life TO an extent never be-
fore equaled in any tragedy Of the sea
or shore.
Lawyers said today the rule of law
was we'll established i'm New York that
husband and wife who perish in
common disaster are presumed to die
at the same instant The old civil law
that men and women between Is and
so are presumed to live longer than
children or aged people. does not APP
ply. and neither does the ancient rules,
based on the fact that man is the
stronger. that man will live the longer,
apply. Dean William Payson Rich
ardson of the Brooklyn law school
said today that the foregoing rule was
thoroughly established. II would
have bearing in such a case as that of
Mr., and Mrs. Isidor Straus. where
both were wealthy in their own right
and undoubtedly left separate wills.
A textbook prepared by Mr.. Rich
ardson quotes the law as recently set
down Hy the appellate division. as
foliows:1
At common law there is no pre-
sumption of survivorship between
persons who perish in a common dis
aster based upon difference of sex.
age or physical condition or strength.
nor is there a presumption the death
of all occurred at the same instant
Yet through necessity in the adj
ministration of the law, the title To
real and personal property passes as
if they had all persisted at the same
instant of time, i'm the absence of facts
or circumstances tending to show
survivorship among them.
These two points are among the
most important in the legal matters
haing a public interest in connection
with the disaster to the Titanic.
There is little question today that
the damage cases growing out of the
disaster to the Titanic will revolve
around the case Of La Bourgogne, In
which an important decision was rem
.dered by the supreme court of the
United States in 1908. The opinion
was written by Justice White. now
presiding justice. and maintains the
general law that the liability of the
French company which owned La
Bourgogne was limited because ~lt
could not be shown that the directors
or managers of the company were in
formed as To the conduct of the ships
officers which precipitated the trag-
edy. 1t could not be shown that they
ordered high speed or were responsible
for high speed under dangerous cir
cumstanees. The supreme court held.
however that the facts showed La
Bourgogne was proceeding at an un-
due speed, although it was conceded
that the liner was making only 10
knots an hour.
There is little possibility that
American courts would not hold the
Titanic wasNproceeding at undue and
dangerous speed when it is a conceded |
fact that the ship was making more |
than 20 knots an hour as she reached |
the ice field in which She was wrecked. |
The question for the court would |
then become that of direct RESPONSE
bility, and the presence of Ismay |
might well be taken to mean that the
was personally in touch with /
the conduct OF the vessel.
The decision of the supreme court |
did not touch on the matter of life |
boat equipment or safety equipment |
further than to point out that La /
Bourgogne was a French boat, sailing |
under French law and that she COM |
piled with the requirements of the |
country under whose law her equip |
ment was prepared. 1t is not prob
able that the White Star line will face
any extra damages because of the |
shortage of lifeboats as the same rule |
would hold. She was manifestly
within the English law. and in fact
had more lifeboat equipment than is |
ordered by the terms of the law