that on certain occasions that he goes to his church on Saturday when he has special service. He says that his wife, Elizabeth L. Riley, the claimant herein, was, prior to May 15, 1937, making regular trips with him and aiding and assisting him in carrying on his ministerial work. He says that on May 15, 1937, that he and his wife Elizabeth L. Riley were enroute to their church services and were riding in his own car of which he was the driver. He says that he was driving at a speed of about 12 or 15 miles per hour, and due to a narrow crooked road which had been constructed by the Civilian Conservation Corps camp under this specification, which is only a one-way drive except for a few places where they cut wide places for sidings wherein cars can sidetrack for passage. He further states that the reason he was driving at the above-mentioned rate of speed on said road was that it was a one-way drive and being several curves that it was not safe to make a greater speed. He further says while enroute to his church along about 4:20 o'clock in the afternoon when he was driving at a rate not more than 12 or 15 miles per hour at a point on the said highway between the residence of Clint Combs and L. C. Daniel that he discovered a Čivilian Conservation Corps truck coming on the same road meeting him on this narrow constructed road and at a point between these wide places which had been constructed for sidings for passages. He said the truck was making a high rate of speed. He further says that he immediately applied his brakes and brought his car to a stop. He further says that due to the condition and the width of the narrow-constructed road, there was no way in which he could drive his car out of the way of said truck and avoid a head-on collision. He further says that before he could reverse his engine and back his car trying to avoid an accident, that the said truck ran into his car a head-on collision and the force of the truck almost demolished the car and brought about the accident that inflicted the injury on his wife, Mrs. Elizabeth L. Riley. CHARLES RILEY. Subscribed and sworn to before me this April 1, 1939. [SEAL] ANDERSON BOWLING, My commission expires December 10, 1941. AFFIDAVIT OF DANA SNYDER, M. D. To Statement: Mrs. Charles Riley, Buckhorn, Ky.; injured May 15, 1937; manner of injury, highway accident The above-named patient was examined by me today and gives a history of having been a passenger in a car which was struck by a Civilian Conservation Corps truck while traveling on a county road near Buckhorn, Ky. She has suffered severe facial injuries to the left side of her face involving her left eye. In addition to the severe soft-tissue injury which has denuded the area of skin which is now replaced by scar tissue, except a small skin graft near the outer canthus of left eye, she also suffered a crushing injury to the zygomatic process and adjacent bones of the region of the side of the face with marked depression causing very noticeable deformity to the face. The left upper eyelid has also been lacerated and in healing has contracted, causing an arching of the upper lid until it is not possible for her to completely close the upper lid. Vision in this eye by a Snellen test card shows a vision of 20/200. There is marked word aphasia and dissociation said to have come on after this accident. There is also a history of severe pain in left side of the head with marked mental disturbance at very frequent intervals. In view of these findings it is my opinion that this patient is practically totally disabled to do manual labor and will be unable to continue her work because of both her physical condition and cosmetic effect of her deformity. Sincerely, STATE OF KENTUCKY, County of Perry, ss: DANA SNYDER, M. D. Subscribed and sworn to before me by Dana Snyder, M. D., this the 28th day of March 1939. [SEAL] My commission expires February 9, 1942. I. S. HANCOCK, Notary Public, Perry County, Ky. AFFIDAVIT OF Z. M. AвSHEAR, M. D. To Statement: Mrs. Elizabeth L. Riley, Buckhorn, Ky.; Injured May 15, 1937; Manner of Injury, Highway Accident in Collision With a Civilian Conservation Corps Truck The above-named patient was examined by me today and is the same person whom I was called to see on May 15, 1937, due to an accident which had occurred on the highway between Buckhorn, Perry County, Ky., and the Civilian Conservation Corps camp. I further state that I arrived at the point where the accident happened in about 30 minutes after the accident. I found the above patient so severely injured that I administered first aid and immediately had her taken to a hospital in Hazard, Ky., for further treatment. I further state that the physical findings of my examination of today are as follows: There is evidence of severe facial injury to the left side of the face as shown by a scar involving the left eye and temporal region with fracture of the zygomatic arch and a portion of the malar bone. I further find that she is affected with mental aberration which in my judgment is due to brain pressure caused by a depressed bone. There is a marked word aphasia and dissociation. I am the family physician, and was the family physician at the time of the accident, and prior to the accident she was in normal health condition, able to perform her housework and mission work. This examination and the findings thereof warrant me in stating that it is my opinion that this patient has a permanent total disability to perform manual labor. I have no interest direct or indirect in the prosecution of this claim. STATE OF KENTUCKY, County of Perry, 88: Z. M. ABSHEAR, M. D. Subscribed and sworn to before me by Z. M. Abshear, M. D., this 30th day of March 1939. The affiant, Culley Sandlin, appeared before me, Anderson Bowling, a notary public for the county and State aforesaid and after being duly sworn says that he is of legal age and his post-office address is at Buckhorn, Ky. He further says that on May 15, 1937, that he was a local enrollee in the Civilian Conservation Corps camp near Buckhorn and the same Civilian Conservation Corps camp that had the truck that was in the accident that injured Elizabeth L. Riley. He says that while working in said camp that he was assigned to the surveying crew, which said crew made all surveys for the construction of the roads. He says in performing his work that he became familiar with the specifications of their roads. He says their specifications called for a one-driveway road, together with, at certain points, a wide place to be constructed for cars to take siding in order that others cars coming meeting them could pass. He says that the highway road where the accident happened that injured the above Elizabeth L. Riley was a one-driveway Civilian Conservation Corps road, constructed by said camp, and that the point where the accident happened was not at a place constructed for a siding for cars to pass. He further says that he is and was personally acquainted with Elihu Reynolds, Jr., who was driving the said Civilian Conservation Corps truck and saw him a few minutes before he left with the truck and he saw him drink some whisky and that he was very much intoxicated at the time he left the camp with the truck. He says that he has no interest direct or indirect in the prosecution of said case. CULLEY SANdlin. Subscribed and sworn to before me by Culley Sandlin this 3d day of April 1939. [SEAL] ANDERSON BOWLING, A Notary Public for Perry County. My commission expires December 10, 1941. STATE OF KENTUCKY, AFFIDAVIT OF LACEY DANIEL County of Perry, ss: The affiant, Lacey Daniel, appeared before me, Anderson Bowling, a notary public for the county and State aforesaid and after being duly sworn says that she is of legal age and is the widow of L. C. Daniel and her post-office address is Buckhorn, Ky. She says that she lived at a point between the residence of Clint Combs and the Civilian Conservation Corps camp in 1937, and the said highway ran alongside her residence and garden. She says on May 15, 1937, that she was in her garden and near the highway some after 4 o'clock in the afternoon and saw a Civilian Conservation Corps truck pass. She further says that the boys in the truck were hollering and singing which attracted her attention and that she noticed another car coming up the road and saw the car coming up the road stop and that the truck ran into the passenger car. She says that she immediately went to the accident, and the passenger car was Charley Riley's and his wife Elizabeth L. Riley was hurt very badly. She says that she has no interest direct or indirect in the prosecution of said case. LACEY DANIEL. Subscribed and sworn to before me by the said Lacey Daniel this 3d day of April 1939. [SEAL] My commission expires December 10, 1941. ANDERSON BOWLING, A Notary Public of Perry County. AFFIDAVIT OF RAY CAMPBELL STATE OF KENTUCKY, County of Perry, ss: The affiant, Ray Campbell, appeared before me, Anderson Bowling, a notary public for the county and State aforesaid, and, after being duly sworn, says that he is of legal age and his post-office address is Whoopflarea, Ky. He says that he is personally acquainted with Elihu Reynolds, Jr., who was driving the Čivilian Conservation Corps truck on May 15, 1937, that ran into the car of Mr. Charles Riley, of Buckhorn, Ky., and inflicted the injury to the above-mentioned Elizabeth L. Riley. He says that he had known the said Elihu Reynolds, Jr., for more than 2 years; that he met him in the Civilian Conservation Corps camp when the said affiant served as an enrollee in said camp. The said affiant says that after that he had been discharged from said camp; that he had worked in said camp as carpenter and would visit said camp on Saturdays and other different occasions. He says that he was present at the said camp on May 15, 1937, which was on Saturday at a time when the Civilian Conservation Corps boys were off work duty. He says that he and the said Elihu Reynolds, Jr., had been drinking whisky together that day and had drunk some whisky just a few minutes before the said Elihu Reynolds, Jr., was called out to take charge of the truck. He further says that the said Elihu Reynolds, Jr., was a regular assigned truck driver for the camp, but was off duty that day until in the afternoon at which time that he was called to take charge of the truck to make the special trip. He further says that in his judgment that the said Elihu Reynolds, Jr., had drunk at least one-half pint of whisky before he was called to take charge of said truck, and in his opinion he was very much intoxicated when he left the camp driving the truck, which was only a few minutes before the accident. The affiant further says that he has no interest direct or indirect in the prosecution of said claim. RAY CAMPBell. Subscribed and sworn to before me this 31st day of March 1939. ANDERSON BOWLING, My commission expires December 10, 1941. AFFIDAVIT OF FRANK CAMPBELL County of Perry, ss: STATE OF KENTUCKY, The affiant, Frank Campbell, appeared before me, Anderson Bowling, a notary public for the county and State aforesaid, and after being duly sworn, says that he is of legal age and that his post-office address is Whoopflarea, Ky. He says that he is personally acquainted with Elihu Reynolds, Jr., that he met him in the Civilian Conservation Corps camp at which time the said affiant was working said camp as a carpenter. He further says that he was at the said Civilian Conservation Corps camp on Saturday of May 15, 1937. He says that it being Saturday and the boys not working it was custom for the boys to engage in some kind of games and some of the boys, in the absence of the officials of the camp, would drink whisky when they could get it. He says that he saw the said Elihu Reynolds, Jr., and his brother, Ray Campbell, together drinking whisky in the afternoon and just a few minutes before the said Elihu Reynolds, Jr., was called to take charge of the truck to make the special trip. He further says he saw the said Elihu Reynolds, Jr., leave the Civilian Conservation Corps camp driving the said truck and in his judgment the said Elihu Reynolds, Jr., at the time he left driving said truck was very much intoxicated. He says that he has no interest direct or indirect in the prosecution of said claim. FRANK CAMpbell. Subscribed and sworn to before me this 31st day of March 1939. ANDERSON BOWLING, My commission expires December 10, 1941. AFFIDAVIT OF KELLY SANDLIN STATE OF KENTUCKY, County of Perry, ss: The affiant, Kelly Sandlin, appeared before me, Anderson Bowling, a notary public for the county and State aforesaid and after being duly sworn says that he is above the age of 21 and that his post-office address is Buckhorn, Ky. He further says that he is personally acquainted with Charles Riley and the abovementioned claimant also is personally acquainted with the said Elihu Reynolds, Jr., who was driving the Civilian Conservation Corps truck on May 15, 1937, the day of the accident. He says that he was present on May 15, 1937, and within 40 or 50 feet of the point on the highway where the accident happened. He says that the said Charles Riley had brought his car to a complete stop and the said Civilian Conservation Corps truck ran into the said Charles Riley's car head-on collision. He says that he ran to the point of accident to aid and assist in any way he could. He says that he helped out in getting the car off Mrs. Elizabeth L. Riley and she seemed to be hurt badly. He further says that the accident happened at a narrow place in the road and at a point between the wide places which was prepared for passage. He further says that he has no interest direct or indirect in the prosecution of said claim. KELLY SANDLIN. Subscribed and sworn to before me by said Kelly Sandlin this 7th day of April The affiant, Dr. B. M. Brown, states that he is 52 years old and is practicing under the laws of Kentucky, located in Hazard, Ky., and limits his practice to treatment and surgery of eye, ear, nose, and throat, and as such had occasion to see and examine Elizabeth S. Riley, August 1, 1939, at which time she was complaining of extreme nervousness and pain in the left side of her head which she thought was due to an injury she had received several months previous in a collision between her automobile and a truck driven by an enrollee of the Civilian Conservation Corps. On examination of Mrs. Riley I found a large scar on the left side of her face but could find no evidence of foreign material which she believed was imbedded in the tissues of her face and scalp. She was extremely nervous and in bad mental state, believing she had gravel imbedded in the tissues and refusing to believe that such was not the condition. It is my opinion that Mrs. Riley has not recovered from the shock of her injury and that she possibly has some involvement of the nerve in the side of her face and that her condition is such that she is totally disabled to perform the ordinary duties necessary to care for her home. Respectfully submitted. B. M. BROWN, M. D. Subscribed and sworn to by Dr. B. M. Brown before me, a notary public of Perry County, this, the 16th day of February, 1940. [SEAL] My commission expires March 3, 1941. PEARL BOBBITT, Notary Public of Perry County. AFFIDAVIT OF A. M. GROSS HAZARD, KY., February 16, 1940. STATE OF KENTUCKY, County of Perry, ss: The affiant, A. M. Gross, states that he is 59 years old and is practicing under the laws of the State of Kentucky, located in Hazard, Ky., and as such had occasion to see and examine Elizabeth L. Riley, August 1, 1939, for an injury which she had received in a collision with her automobile and a truck driven by the Civil Conservation Corps. I, with other doctors who examined her at the Hazard Hospital, come to the conclusion that her condition was due to a general nervous break-down and not from foreign body she believed was embedded in her face; however, the woman was in a bad mental stage and we advised her husband to take her to a head specialist in Lexington, Ky., which we are informed was done. I am of the opinion that she is a total nervous wreck and I know before her injury she was a woman in good physical and mental condition, and active schoolworker and church-worker. Respectfully submitted. A. M. GROSs, M. D. Subscribed and sworn to by Dr. A. M. Gross before me, a notary public of Perry County, this the 16th day of February 1940. The affiant, Dr. Z. M. Abshear, states that he is 66 years of age, and is a regularly licensed practicing physician under the laws of Kentucky, located in Buckhorn, Ky. He says that he is the family physician of Charles Riley, husband of Mrs. Elizabeth L. Riley, claimant as above mentioned. The affiant further states that he has observed and treated said Elizabeth L. Riley since her accident, which occurred on May 15, 1937, and due to the serious condition of her case resulting from the accident, I advised her husband, Charles Riley, to have her examined and treated by nerve specialist. Following my advice he has taken her before Dr. B. M. Brown, Hazard, Ky.; Dr. A. M. Gross, Hazard Hospital, Hazard, Ky.; Dr. Fred Rankin, Lexington, Ky.; and Dr. Glenn Spurling, Louisville, Ky. The affiant further states that he has further seen and examined Mrs. Elizabeth L. Riley since she was examined and treated by the above-mentioned specialist and in my judgment she, the Mrs. Elizabeth L. Riley, hasn't improved either physically or mentally, but has gradually grown worse. |