76TH CONGRESS 3d Session } SENATE Calendar No. 1824 {No. 1741 REPORT HANNAH S. BRAY, JANE BICKERS, AND FRANCES BICKERS JUNE 3 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. BROWN, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 7861] The Committee on Claims, to whom was referred the bill (H. R. 7861) conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claims of Hannah S. Bray, Jane Bickers, and Frances Bickers, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: Amend the title of the bill so as to read: A bill for the relief of Hannah S. Bray, Jane Bickers, and Frances Bickers. The facts are fully set forth in House Report No. 2129, Seventysixth Congress, third session, which is appended hereto and made a part of this report. (H. Rept. No. 2129, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 7861) for the relief of Hannah S. Bray, Jane Bickers, and Frances Bickers, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert: "That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Hannah S. Bray, Jane Bickers, and Frances Bickers, of Stanardsville, Virginia, and Winchester, Virginia, respectively, out of any money in the Treasury not otherwise appropriated, the following sums: "To Hannah S. Bray, the sum of $5,000 for personal injuries, pain, and suffering and the sum of $2,695.65 for hospital and physician bills and the sum of $750 for property damages, or a total of $8,445.65. "To Jane Bickers, the sum of $10,000 for personal injuries, pain, and suffering. "To Frances Bickers, the sum of $5,000 for personal injuries, pain, and suffering. "To Jane and Frances Bickers, the sum of $4,900.13 for physician and hospital bills. "Said sums being in full settlement of all claims that the above parties have against the United States by reason of injuries and property damages sustained on account of being struck by a Civilian Conservation Corps truck at the intersection of United States Route No. 29 and Barracks Road in Charlottesville, Virginia, on July 22, 1939. "SEC. 2. That there shall be a guardian appointed for Frances Bickers, a minor, for the payment of the sum of $5,000 for her use and benefit. "SEC. 3. Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000." The purpose of the proposed legislation is to pay to Hannah S. Bray, the sum of $8,455.65, to Jane and Francis Bickers, the total sum of $19,900.13, in full settlement of their claims against the United States for personal injuries and property damages sustained by them, when a car in which they were riding was struck by a Civilian Conservation Corps truck at the intersection of United States Route No. 29 and Barracks Road in Charlottesville, Va., on July 22, 1939. STATEMENT OF FACTS On July 22, 1939, at about 4 p. m., Hannah S. Bray was driving to Charlottesville, Va., and Jane Bickers and Frances Bickers were passengers in her car. They were traveling on United States Highway No. 29 in the corporate limits of Charlottesville, Va., and when they reached a point where said highway intersects with Barracks Road and driving at a very low rate of speed, around 15 or 20 miles per hour, a Civilian Conservation Corps truck, which was on official business and driven by an enrollee of the Civilian Conservation Corps camp located near this place, approached the intersection, traveling on Barracks Road, doing so at a speed of between 50 to 60 miles per hour. The Civilian Conservation Corps enrollee, driving the truck on official business, did not retard his speed and drove the truck directly into the car of Hannah S. Bray and knocked her car some 91 to 92 feet off the highway, inflicting injuries, on Hannah S. Bray, Jane Bickers, and Frances Bickers. The injuries to each being as follows: 1. A broken right arm. 2. A broken left arm. 3. Four broken ribs. HANNAH S. BRAY 4. A traumatic inflammation of the lungs. 5. Fracture of the pelvis. 6. Subcutaneous emphysema. 7. Contusion of the chest. 8. Concussion of the brain. 9. Laceration of the scalp, necessitating approximately 120 stitches to close. 10. Numerous other bruises and contusions. FRANCES BICKERS 1. Laceration of the right wrist. 2. Laceration of the left wrist and hand (almost severing hands). 3. Laceration of the forehead. 4. A fracture of the right clavicle. 5. A bone injury to the pelvis. 6. A contusion of the left kidney. 7. Concussion of the brain. JANE BICKERS 1. Multiple facial and nasal fractures. 2. Transverse fracture detaching the maxilla. 3. A broken collarbone. 4. Broken fourth and fifth vertebraes. 5. Concussion of the brain. 6. Severe lacerations of the right side of face. 7. Shattering and breaking of practically all of the facial bones. 8. Complete loss of vision of right eye. 9. Severe impairment of vision of left eye, with possible loss of same. 10. Severe injury and disalinement of the teeth. 11. Numerous other bruises and contusions. The car in which claimants were riding on United States Highway No. 29 had the right-of-way, and it was the duty of the driver of the Civilian Conservation Corps truck to have stopped and to have been on the lookout for approaching cars. According to the testimony of the numerous witnesses who saw the accident, they uniformly made affidavit that the car in which claimants were riding was proceeding leisurely along at a speed of from 15 to 20 miles per hour; and that the fact the Bray car was knocked 90 feet off the highway, shows the excessive rate of speed which the Civilian Conservation Corps truck was traveling. The amount of hospital and physician bills filed herewith disclosed the serious injuries all of the claimants received and especially Jane Bickers, who, according to the statement of physicians, will be permanently injured. Every bone in her face and head was broken, and it was necessary for physicians to saw off a part of the skull in order to treat the optic nerve. She has lost the sight of one eye, has a permanent back injury, and is in a steel cast today, and has so many other permanent disfigurations it is useless to enumerate them. Frances Bickers by reason of numerous facial cuts, bruises, and disfigurations, which permanently affect her, is not only physically injured, but disfigured in her outward appearance by reason of lacerations on her forehead and indentures left. Your committee feels, that these claimants cannot be compensated with sums of money for their untold suffering and the disfiguration they will bear through the rest of their lives, and is recommending the payment of sums that will compensate them for the expenses incurred and in a small way for their suffering, pain, and disfiguration. Appended hereto is the report of the War Department, together with other pertinent evidence, including doctor bills, statements, and affidavits of witnesses. Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, February 10, 1940. Chairman, Committee on Claims, House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 7861, Seventy-sixth Congress, third session, conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claims of Hannah S. Bray, Jane Bickers, and Frances Bickers, which you transmitted to the War Department under date of January 27, 1940, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to confer jurisdiction upon the Court of Claims to hear, determine, and render judgment upon any claims against the United States of Hannah S. Bray, Jane Bickers, and Frances Bickers for damages sustained by them as a result of a collision between the automobile in which they were riding and a Civilian Conservation Corps truck at the intersection of United States Route 29 and Barracks Road, in Charlottesville, Va., on July 22, 1939. On July 22, 1939, at about 4 p. m., a Government truck, operated in connection with the Civilian Conservation Corps, on official business, was proceeding west on Barracks Road, in Charlottesville, Va., at a speed estimated at from 30 to 50 miles per hour, approaching the intersection of Barracks Road with United States Route 29. At about this time, a Buick sedan, owned and operated by Mrs. Otis M. Bray, with Jane Bickers and Frances Bickers, as passengers, was proceeding north on Route 29, at a speed of about 25 miles per hour, approaching the above-mentioned intersection. The Government driver, unfamiliar with the highways in that vicinity and, apparently not seeing the stop sign which controls traffic coming to this intersection on Barracks Road, did not slow up or stop for the stop sign, entered the intersection, and collided with Mrs. Bray's car, thereby causing the damages complained of. Mrs. Bray and the Misses Bickers were seriously injured, and were taken to the University Hospital, Charlottesville, Va., for treatment. Mrs. Bray's car, according to a garage owner, was damaged in the amount of approximately $700. On the Virginia driver's license, Mrs. Bray is registered as Hannah Stoakley Bray. No claim has been presented to the War Department as a result of this accident and the Department has no record of the medical and hospital expenses incurred. However, if claim therefor had been filed with the War Department, it could not in any event have been settled inasmuch as said claim would be in excess of the statutory amount which the War Department is authorized to adjust. It is the view of the War Department that the proximate cause of the accident was the negligence on the part of the Government driver in that he failed to stop the Government vehicle in obedience to a stop sign posted at the intersection and continued into the intersection, thereby failing to yield to Mrs. Bray's car the right-of-way to which it was entitled. In view of the above, the Department will interpose no objection to the enactment of the proposed legislation. However, since the facts in the case are undisputed, it would appear that proceedings before the Court of Claims would in all probability not develop any additional evidence of assistance in settling this case or contrary to the view of the War Department that the Government driver was at fault. It is, therefore, recommended that the bill be amended so as to afford direct relief to Mrs. Bray and the Misses Bickers in such amounts as the Congress, in its discretion, may deem proper to allow, thus obviating the expense of further proceedings. Sincerely yours, HARRY H. WOODRING, AFFIDAVIT OF FRANCES BICKERS On Saturday afternoon, July 22, 1939, my sister, Miss Jane Bickers, and I were returning to Stanardsville from Charlottesville, Va., in Mrs. Hannah S. Bray's car. Mrs. Bray was driving. I can't remember being in an accident or being struck by the Civilian Conservation Corps truck; however, I do recall that Mrs. Bray was driving in a careful manner before we reached the point where the accident occurred, and I cannot recollect anything from that time until I regained consciousness in the University of Virginia Hospital, at Charlottesville, Va. I received severe injuries in the accident. (See Dr. J. M. Meredith of the University of Virginia Hospital for a report of same.) Given under my hand this 25th day of January 1940. FRANCES BICKERS. I, John L. Kater, a notary public in and for the county and State aforesaid, do certify that Frances Bickers this day personally appeared before me in my county aforesaid and subscribed and made oath to the foregoing statements. Given under my hand this 25th day of January 1940. My commission expires August 24, 1943. JOHN L. KATER, Nolary Fublic. PAULINE L. HULVEY, Notary Public. I hereby certify that the above is a true copy. [SEAL] My commission expires October 11, 1943. AFFIDAVIT OF JANE BICKERS On Saturday, July 22, 1939, my sister, Miss Frances Bickers, Mrs. Bray, and I were traveling north on route 29, from Charlottesville, Va., to Stanardsville, Va. Mrs. Bray was driving. I do not recollect being in an automobile accident. Sometime after the accident, when I first regained consciousness, in the University of Virginia Hospital, Charlottesville, Va., I tried to remember what had happened on the day of the accident. The last thing I recollect is riding out of Charlottesville on route 29. Before we reached the point where the accident occurred, Mrs. Bray was driving in a careful manner and at a reasonable rate of speed. I do not even recall the truck colliding with our car. As a result of the accident, I received serious injuries (you are referred to Dr. J. M. Meredith of the University of Virginia Hospital for a report in regard to said injuries). Given under my hand this 25th day of January 1940. STATE OF VIRGINIA, County of Frederick, to wit: JANE BICKERS. I, John L. Kater, a notary public in and for the county and State aforesaid, do certify that Jane Bickers this day personally appeared before me in my county aforesaid and subscribed and made oath to the foregoing statements. Given under my hand this 25th day of January 1940. My commission expires August 24, 1943. JOHN L. KATER, Notary Public. PAULINE L. HULVEY, Notary Public. I hereby certify that the above is a true copy. [SEAL] My commission expires October 11, 1943. AFFIDAVIT OF MRS. OTIS BRAY Personally appeared before me, the undersigned, authorized by law to administer oaths of this nature, one Mrs. Otis M. Bray who being duly sworn, deposed and said: On July 22, 1939 at about 4 p. m. I was proceeding north on U. S. Route 29 driving my Buick sedan, model 1937, Virginia license No. 202998; when, upon crossing a road from Charlottesville, known as the Barracks Road, at about 20 to 25 miles per hour, my car was hit by a truck which I did not see. I was knocked unconscious and woke up later in the University Hospital, Charlottesville, Va. With me in my car were Miss Frances Bickers, riding in the front seat and Miss Jane Bickers, riding in the rear seat. Mrs. OTIS BRAY. Subscribed and sworn to before me this 26th day of December, 1939. My commission expires September 11, 1940. PAULINE L. HULVEY, Notary Public. |