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LOUIS BROWN

May 10, 1949,-Committed to the Committee of the Whole House and ordered

to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary,

submitted the following

REPORT

To accompany H. R. 45591

The Committee on the Judiciary, to whom was referred the bill (H. R. 45 59) for the relief of Louis Brown, having considered the same, report fa vorably thereon without amendment and recommend that the bill do pass.

An identical bill was favorably reported by the Committee and passed the House in the Eightieth Congress, but no action taken by the Senate before adjournment.

The facts will be found fully set forth in House Report No. 1645, Eightieth Congress, second session, which is appended hereto and made a part of this report.

8. Rept. No. 1645, 80th Cong., 2d sess. I The purpose of the proposed legislation is to pay the sum of $1,000 to Louis Brown, of Steelton, Pa., in full settlement of all claims against the United States for personal injuries, and expenses incident thereto sustained as a result of an accident involving a United States Army vehicle at Nome. Tex., on August 12. 1940.

STATEMENT OF FACTS

On August 12, 1940, at about 7:15 a. m., Louis Brown and Alford Aultman (also known as Fred Autman) were sitting on the railroad tracks about 16 feet west of the Sour Lake Road in Nome, Tex. The railroad tracks in question run parallel to Sour Lake Road. At the same time an Army truck, operated by an enlisted man on official business, was traveling on said road through Nome. As the Army truck neared the point in the road adjacent to where Louis Brown and Alford Aultman were sitting the Army driver rounded a curve at such a rapid rate of speed that he lost conrtol of his truck and it ran off the left side of the road and headed toward Brown and Aultman. Although Brown and Aultman tried to get out of the path of the truck, they were unable to do so. The truck struck both of them, severly injuring them. Both of the injured men were taken to the Hotel Dieu Hospital in Beaumont, Tex., where Alford Aultman was found to be

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On August 12 i819, ant atso it 7:15 2. m., Loriis Brossed Lord Artman lain known Aitman) were siktir.g on the rate us about 16 feet 6, of timor lake bal in Vore, Ion. Ile raizoas of question run mirat! to four Imro, Pural. At tir name time an Arst opensted by so me man on official brain.c, was travernd, on said reicio Nome.' As the Army truck neared the point in the road adjacent to rzere Loris Brown and Alford Avitman were sitting, the Army driver rounded 2 ezre at such a rapid rate of sd that he lost control of his truck and it ran c:be left side of the road and bouled toward Brown and Aultman, Although Broward Autman tried to wait

, ont of the path of the truck, they were unable to do so. Tbe truck struck both of them, wverely injuring them. Both of the injured men were taken to the I to bicu Hospital in Beaumont, Tex., where Alfred Alinan was found to be den upon arrival, Louis Brown states that he lost conse: gostess after he was injured and did not regain his senses until after his admission to the hospital. He remained under treatment at the hospital from August 12 until September 27, 1010), priod of 10 days.

Dr. P. N. Fortney and Dr. L. H. Ledbetter, both of the staff of the Hotel Dieu Hospital, Benuinonit, Tex., have submitted the following statement concerning the injury miestained by Louis Brown as a result of this accident:

"Incomplete fracture, superior ramus right pubis without displacement. No frnctures seen in skull or spine."

The evidence shows that Mr. Brown incurred hospital expenses at the Hotel Dieu llospital as a result of his injury in this accident in the aggregate amount of $166.60. Mr. Brown Mtates that he was 25 years of age at the time of his injury. In a statement dated July 26, 1947, he said:

that I lost at least 3 months in the rice fields where I could earn $4 to $4,60 por day, 7 days a week, and I have had trouble with my back ever since the time of the accident."

The evidence in this case establishes that this accident and the resulting injury of Louis Brown wore not caused by any fault or negligence on his part but resulted solely from tho mogligence of the driver of the Army truck involved in the accident in operating anid truck around a curve at such a speed that he was not able to maintain control of said vehicle. Under the circumstances, Mr. Brown is entitled to be componented in a reasonable amount for the damages sustained by him as a rosult of this accident. The amount of the proposed award stated in

R. 4718 is fair and reasonable and the Department of the Army, accordingly, no objection to the enactment of the bill. The claimant has no remedy under the Federal Tort Claims Act of August 2, 16 (60 Stat. 842; 28 U. S. C. 921), for the reason that the accident out of which s claim arose occurred prior to January 1, 1945. The Bureau of the Budget has advised that there is no objection to the subssion of this report. Sincerely yours,

KENNETH C. ROYALL,

Secretary of the Army.

STATEMENT OF LOUIS BROWN

naneuvers.

I, Louis Brown, 767 South Third Street, Steelton, Pa., now aged 31, on August 2, 1940, was at Nome, Tex., where I had gone from my home in Mississippi for he rice harvest. On the morning of that day I was seated with another man on be railroad tracks of the Southern Pacific Railroad at Nome, where it runs parallel Route 90 from Beaumont, Tex., to New Orleans, La. Convoys of the Seventh Cavalry were driving along Route 90 from Fort Bliss, Tex., to the Louisiana

I judge the highway and railroad tracks are 30 or 40 feet apart, perhaps more. (See sketch.) One of the Army trucks ran off of the road without any warning and up and across the railroad tracks striking my companion. I jumped but was also hit and was unconscious until some time in the afternoon. The attached sketch shows roughly what occurred but I was not expecting anything and as it happened quickly and I was knocked unconscious I do not know details.

I was in the Hotel Dieu Hospital at Beaumont, Tex., for about a month and a half. At the hospital I was told that the other man who was hit had died, and according to the hospital records the driver of the Army truck was Pvt. Roscoe C. Hurst. I had no money to pay the hospital and when I got out I was not able to work in the rice fields, so I went to New Orleans, where I had to enter the Charity Hospital and stay for about 3 to 5 days. I went to Fort Sam Houston at San Antonio, Tex., to see if the Army would do anything about my injuries but got no results. I then went back to Nome but was unable to work. Altogether from the time I was hit it was about 3 months before I was able to work and then I went to work in the sugarcane fields in Louisiana about November 15, 1940.

In 1941 I had a notary public in Louisiana write to the Adjutant General, making a claim for me. Some time later I was taken to Camp Claiborne, La., where they had me in the hospital 3 or 4 days and examined me and then took me back. Nothing ever came of the claim made by the notary public.

On July 8, 1942, I was drafted into the Army. I spent some time in the hospital while in the Army because of the injuries to my back, received in the accident. I was assigned to a baking company and I think I was marked "limited service.” I served with the baking company in Africa and Italy and was discharged from the Army October 31, 1945. My Army serial number was 33235169.

My back has bothered me off and on ever since I was in the hospital in Beaumont, where Dr. P. M. Fortney told me that it might bother me as I got older. When they examined me at Camp Claiborne they took X-rays but said that they did not find anything from the X-ray examination.

I believe that the United States Government should pay the Hotel Dieu Hospital at Beaumont, Tex., my hospital bill of $155.50. I lost at least 3 months in the rice fields where I could earn $4 to $4.50 per day, 7 days a week, and I have had trouble with my back ever since the time of the accident. I wish to file my claim against the War Department for settlement covering the injuries which I received in the total amount of $1,000 to include the hospital bill and my loss of wages. It was through no fault of mine that I was injured. The driver of the truck must have been careless and reckless to run so far off the road and across the railroad tracks.

Louis Brown. JULY 26, 1947.

HOTEL DIEU,

Beaumont, Tex., May 21, 1947. Louis BROWN: Account self, Aug. 12, 1940: Balance due...

$155. 50

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dead upon arrival. Louis Brownstates that he lost consciousness after he was injured and did not regain his senses until after his admission to the hospital. He remained under treatment at the hospital from August 12 until September 27, 1940, a period of 46 days.

The Secretary of the Army in his report dated February 24, 1948, states: "The evidence in this case establishes that this accident and the resulting injury of Louis Brown were not caused by any fault or negligence on his part but resulted solely from the negligence of the driver of the Army truck involved in the accident in operating said truck around a curve at such a speed that he was not able to maintain control of said vehicle. Under the circumstances Mr. Brown is entitled to be compensated in a reasonable amount for the damages sustained by him as a result of this accident. The amount of the proposed award stated in H. R. 4718 is fair and reasonable and the Department of the Army, accordingly, has no objection to the enactment of the bill.

Therefore, your committee concur in the recommendation of the Secretary of the Army and recommend favorable consideration to the bill.

DEPARTMENT OF THE ARMY,

Washington, D. C., February 24, 1948. Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 4718, Eightieth Congress, a bill for the relief of Louis Brown.

This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, the sum of $1,000, to Louis Brown, of Steelton, Pa., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, and loss of earnings sustained as a result of an accident involving & United States Army vehicle at Nome, Tex., on August 12, 1940.

On August 12, 1940, at about 7:15 a. m., Louis Brown and Alford Aultman (also known as Fred Autman) were sitting on the railroad tracks about 16 feet east of the Sour Lake Road in Nome, Tex. The railroad tracks in question run parallel to Sour Lake Road. At the same time an Army truck, operated by an enlisted man on official business, was traveling on said road through Nome. As the Army truck neared the point in the road adjacent to where Louis Brown and Alford Aultman were sitting the Army driver rounded a curve at such a rapid rate of speed that he lost control of his truck and it ran off the left side of the road and headed toward Brown and Aultman. Although Brown and Aultman tried to get out of the path of the truck, they were unable to do so. The truck struck both of them, severely injuring them. Both of the injured men were taken to the Hotel Dieu Hospital in Beaumont, Tex., where Alfred Aultman was found to be dead upon arrival. Louis Brown states that he lost consciousness after he was injured and did not regain his senses until after his admission to the hospital. He remained under treatment at the hospital from August 12 until September 27, 1940, a period of 46 days.

Dr. P. N. Fortney and Dr. L. H. Ledbetter, both of the staff of the Hotel Dieu Hospital, Beaumont, Tex., have submitted the following statement concerning the injury sustained by Louis Brown as a result of this accident:

Incomplete fracture, superior ramus right pubis without displacement. No fractures seen in skull or spine.”

The evidence shows that Mr. Brown incurred hospital expenses at the Hotel Dieu Hospital as a result of his injury in this accident in the aggregate amount of $155.50. Mr. Brown states that he was 25 years of age at the time of his injury. In a statement dated July 26, 1947, he said:

* * I lost at least 3 months in the rice fields where I could earn $4 to $4.50 per day, 7 days a week, and I have had trouble with my back ever since the time of the accident.

The evidence in this case establishes that this accident and the resulting injury of Louis Brown were not caused by any fault or negligence on his part but resulted solely from the negligence of the driver of the Army truck involved in the accident in operating said truck around a curve at such a speed that he was not able to maintain control of said vehicle. Under the circumstances, Mr. Brown is entitled to be compensated in a reasonable amount for the damages sustained by him as a result of this accident. The amount of the proposed award stated in

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H. R. 4718 is fair and reasonable and the Department of the Army, accordingly, has no objection to the enactment of the bill.

The claimant has no remedy under the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. 8. C. 921), for the reason that the accident out of which this claim arose occurred prior to January 1, 1945.

The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours,

KENNETH C. ROYALL,

Secretary of the Army.

STATEMENT OF LOUIS BROWN 1, Louis Brown, 767 South Third Street, Steelton, Pa., now aged 31, on August 12, 1940, was at Kome, Tex., where I had gone from my home in Mississippi for the rice harvest. On the morning of that

day I was seated with another man on the railroad tracks of the Southern Pacific Railroad at Nome, where it runs parallel to Route 90 from Beaumont, Tex., to New Orleans, La. Convoys of the Seventh Cavalry were driving along Route 90 from Fort Bliss, Tex., to the Louisiana maneuvers. I judge the highway and railroad tracks are 30 or 40 feet apart, perhaps more. (See sketch.) *One of the Army trucks ran off of the road without any warning and up and across the railroad tracks striking my companion. I jumped but was also hit and was unconscious until some time in the afternoon. The attached sketch shows roughly what occurred but I was not expecting anything and as it happened quickly and I was knocked unconscious I do not know details.

I was in the Hotel Dieu Hospital at Beaumont, Tex., for about a month and a half. At the hospital I was told that the other man who was hit had died, and according to the hospital records the driver of the Army truck was Pvt. Roscoe C. Hurst. I had no money to pay the hospital and when I got out I was not able to work in the rice fields, so I went to New Orleans, where I had to enter the Charity Hospital and stay for about 3 to 5 days. I went to Fort Sam Houston at San Antonio, Tex., to see if the Army would do anything about my injuries but got no results. I then went back to Yome but was unable to work. Altogether from the time I was hit it was about 3 months before I was able to work and then I went to work in the sugarcane fields in Louisiana about Xovember 15, 1910.

In 1941 I had a notary public in Louisiana write to the Adjutant General, making a claim for me. Soine time later I was taken to Camp Claiborne, La., where they had me in the hospital 3 or 4 days and examined me and then took me back. Nothing ever came of the claim made by the notary public.

On July 8, 1912, I was drafted into the Army. I spent soine time in the hospital while in the Army because of the injuries to my back, received in the accident. I was assigned to a baking company and I think I was marked "limited service." I served with the baking company in Africa and Italy and was discharged from the Army October 31, 1915. Vy Army serial number was 33235169.

My back has bothered me off and on erer since I was in the hospital in Beaumont, where Dr. P. M. Fortney told me that it might bother me as I got older. When they examined me at Cainp Claiborne they took X-rays but said that they did not find anything from the X-ray examination.

I believe that the United States Government should pay the Hotel Dieu Hospital at Beaumont, Tex., my hospital bill of $155.50. I lost at least 3 months in the rice fields where I could earn $1 to $4.50 per day, 7 days a week, and I have had trouble with my back ever since the time of the accident. I wish to file my claim against the War Department for settlement covering the injuries which I received in the total amount of $1,000 to include the hospital bill and my loss of wages. It was through no fault of mine that I was injured. The driver of the truck must have been careless and reckless to run so far off the road and across the railroad tracks.

Louis Brown. JULY 26, 1947.

HOTEL Dieu,

Beaumont, Ter., May 21, 1947. Louis Brown: Account self, Aug. 12, 1940: Balance due...

$155. 50 H. Repts., 81-1, TOL 342

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