ernment-owned truck, which was being operated by the Civilian Conservation Corps. The records of the War Department show that on December 20, 1935, a Civilian Conservation Corps truck was proceeding east, after dark, on Thirtyeighth Street, Indianapolis, Ind.; that after coming to a stop in obedience to a stop sign, the Government vehicle made a left turn onto State Highway No. 67; that a Plymouth coach owned by Icelene Combs and operated by Lloyd Combs, with Thomas Lewellyn, Drusilla Lewellyn, and Alice Crane as passengers, was proceeding in a northeasterly direction on State Highway No. 67 at a rate of speed of from 30 to 35 miles per hour; that at the intersection of State Highway No. 67 and Thirty-eighth Street the State highway is considered a preferential or through highway; that after the Government vehicle had almost completed its left turn, the Plymouth coach collided with the right rear side of the Government truck, and that the driver of the coach applied his brakes, skidded 6 feet, but was unable to avoid the collision, which resulted in the personal injuries complained of. It is also of record that as a result of the accident Mrs. Drusilla Lewellyn, age 67, suffered a fracture, simple, comminuted, distal, one-third left femur, involving articular surface. Thomas Lewellyn, age 75, suffered contusion, moderately severe, left temple; sprain, moderately severe, left elbow and left ankle. Alice Crane, age 12, suffered lacerations, forehead (slight), no sutures. Lloyd Combs, age 17, suffered lacerations, forehead (slight), no sutures. Mr. Lewellyn presented a claim to the War Department for personal injuries to himself in the amount of $8,000. This claim was substantiated by the following bills: Station hospital, U. S. Army, Fort Benjamin Harrison, Ind., subsistence, Ellis Lewellyn, board, room, laundry, and nursing care from Transportation from hospital to home.... Artie T. Lewellyn, nursing care, Jan. 7 to Mar. 7, 1936--- Total. $6.59 $258. 00 5. 00 263. 00 174.00 443. 59 Icelene Combs presented a claim to the War Department for property damage to her automobile in the amount of $271.98 and for personal injuries in the amount of $100. No other claims were presented to the War Department arising out of this accident. This accident was investigated by a board of officers, which found the facts substantially as stated above, and that the accident was due in part to the negligence of the driver of the Government vehicle. Upon review by the War Department it was determined that the proximate cause of the accident was negligence of the driver of the Government vehicle in failing to determine that the preferential highway was sufficiently clear of approaching traffic for him to pursue his course with safety, and that portion of Mrs. Icelene Combs' claim which pertained to property damage was settled in the amount of $249.98 ($232.98 actual cost of repairs plus $17 for one pair of eyeglasses) under the provisions of the act of December 28, 1922 (42 Stat. 1066). That portion of the claim of Icelene Combs and the claim of Mr. Lewellyn which pertained to personal injuries was not favorably considered by the War Department, for the reason that prior to July 1, 1937, there was no authority of law or appropriation available for the settlement of claims for personal injuries or expenses incident thereto arising out of the operation of the Civilian Conservation Corps. It appears from all of the above that Mr. and Mrs. Lewellyn have suffered some personal injuries and loss as a result of the accident and through the negligence of the operator of the Government vehicle, and while the War Department is not able to determine the precise degree of the injuries sustained or the amount that should be allowed under the circumstances, it will interpose no objection to the enactment of legislation which will compensate them for the injuries they have received, in such amount as the Congress in its sound discretion may deem proper to allow. Sincerely yours, HARRY H. WOODRING, STATE OF INDIANA, Scott County, ss: Thomas Lewellyn, being first duly sworn upon his oath says that on December 20, 1935, at 5:20 p. m., he was riding in a Plymouth coach automobile as the guest of the driver, Lloyd Combs, and with no control over the operation of said automobile, and that it was not being driven on his business or on his behalf, as the same was operated in a northeasterly direction over Indiana State Highway No. 67, which was a through highway, and was approaching what is designated as Thirty-eighth Street, when a Civilian Conservation Corps truck was recklessly, negligently, carelessly, and unlawfully operated from the west toward the east on said Thirty-eighth Street, without stopping and at a high and dangerous rate of speed, directly in the path of and into the left side and front of said Plymouth car, then and there knocking and pushing said Plymouth car across said intersection to the east a distance of 30 to 40 feet, with this affiant therein, thereby injuring him; and that it was a dark cold night and this affiant nearly froze to death from said injuries; and affiant was injured by reason of said collision and lack of care at the time of said injuries as follows, to wit: Bruises and contusions to the face, head, back, body, legs, feet, and arms, suffered concussion of the brain, back, and spine injured, right leg sprained and fractured and ligaments torn, sustained a double rupture, serious injuries to the left arm, severe injury to the head, severe nervous injuries. That said injuries are permanent. Affiant was confined in the Robert Long Hospital at Indianapolis and at the Fort Harrison Hospital a total of 35 days and was treated by numerous physicians and surgeons and incurred hospital, doctor, surgeon, X-ray, ambulance, nurse, medical, and incidental expenses in the amount of $2,000. That prior to said injuries affiant worked and earned a living for himself and wife and that by reason of said injuries and his disability therefrom his opportunity to make a livelihood for himself and wife has been destroyed and he is now dependent upon friends and relatives for support and assistance. That affiant's wife was also permanently injured in said collision and they have lost practically everything they had prior to said injuries. That the War Department and Civilian Conservation Corps admitted liability by paying the person who owned the car the full damages to the property but declined to pay personal injury claims because of no appropriations therefor, so there is no question as to the fault of the Government. Further affiant sayeth not. THOMAS LEWELLYN. Subscribed and sworn to before me, a notary public, this 29th day of June 1937 [SEAL] LENA WEIR, Notary Public. My commission expires February 12, 1939. To Whom It May Concern: SCOTTSBURG, IND., May 10, 1938. The following are the positive findings of Mr. Thomas Lewellyn: Mitral systolic murmur in heart, about 25 percent limitation of motion in left elbow joint due to ankylosis, and slight enlargement of right external inguinal right. These findings are permanent. Yours very truly, FLOYD S. NAPPER, M. D. STATE OF INDIANA, Scott County, ss: Drusilla J. Lewellyn, being first duly sworn upon her oath says that on December 20, 1935, at 5:20 p. m. she was riding in a Plymouth coach automobile as the guest of the driver, Lloyd Combs, and with no control over the operation of said automobile, and that it was not being driven on her business or on her behalf, as the same was operated in a northeasterly direction over Indiana State Highway No. 67, which was a through highway, and was approaching what is designated as Thirty-eighth Street, when a Civilian Conservation Corps truck was recklessly, negligently, carelessly, and unlawfully operated from the west toward the east on said Thirty-eighth Street, without stopping and at a high and dangerous rate of speed, directly in the path of and into the left side and front of said Plymouth car, then and there knocking and pushing said Plymouth car across said intersection to the east a distance of 30 to 40 feet with this affiant therein, thereby injuring her; and that it was a dark cold night and this affiant nearly froze to death from said injuries; and affiant was injured by reason of said collision and lack of care at the time of said injuries as follows, to wit: Comminuted fracture of distal end of the left femur with fracture line extending through the joint space, bruises and contusions to her abdomen and stomach, concussion of the brain, spine and back injuries, bruises and contusions to her body, arms, face, legs and feet, injuries to her nerves and nervous system. Affiant was confined in the Robert Long Hospital at Indianapolis and at the Fort Harrison Hospital a total of 89 days, and was treated by numerous physicians and surgeons, and is now unable to walk except with the use of crutches, with limitations and restrictions in movement; and according to medical information given affiant, she is totally and permanently crippled for life. At the time of the accident affiant was 66 years of age. That she has incurred hospital, doctor, surgeon, X-ray, ambulance, nurse, medical, and incidental expenses in the amount of $3,000, and affiant believes that she is entitled to at least $12,000 for her injuries, and she asks that a bill be put through Congress appropriating such sum to compensate her for such expenses and take care of said injuries. That affiant and her husband were both permanently injured as result of said collision and have been unable to make a living and lost practically everything they had prior to said injuries. That the War Department and Civilian Conservation Corps admitted liability by paying the person who owned the car the full damages to the property but declined to pay personal-injury claims because of no appropriations for that, so there is no question about the fault of the Government. Further affiant sayeth not. DRUSILLA J. LEWELLYN. Subscribed and sworn to before me, a notary public, this 29th day of June 1937. [SEAL] LENA WEIR, Notary Public. My commission expires February 12, 1939. To Whom It May Concern: SCOTTSBURG, IND., May 10, 1938. I have examined Mrs. Thomas Lewellyn and the following are the positive findings: This woman is a helpless cripple, being unable to walk alone. There is practically no motion of the left knee, much swelling and tenderness of the right knee, and much tenderness throughout the chest. These injuries are permanent. Yours very truly, FLOYD S. NAPPER, M. D. STATE OF INDIANA, Madison County, ss: Ellis Lewellyn, being first duly sworn upon his oath according to law, says that he is the son of Drusilla J. Lewellyn and Thomas Lewellyn, and that he has been informed of the accident and that the Civilian Conservation Corps' truck driver was solely liable therefor; that his said parents are crippled and maimed for life by reason of said injuries and they have incurred large expenses in an effort to treat said injuries and relieve the pain and suffering caused thereby but that said injuries are so serious they have been unable to secure sufficient medical skill to enable said injuries to completely heal; that he believes said injuries to be permanent, expecially his mother's injuries are permanent, her ability to walk without great excruciating pain and discomfort and without artificial assistance, such as crutches, causing her to suffer permanent impairment to her hips and legs. That both of them suffered with nervous disturbances and inability to sleep at night which has completely destroyed their health and happiness and they are depending upon assistance from their relatives and other persons, and, therefore, he feels that the Congress of the United States should appropriate at least $20,000 for these injuries, that his parents might be compensated in a way for their injuries, suffering, and losses. Further affiant sayeth not. Subscribed and sworn to before me, this 30th day of June 1937. (SEAL] ELLIS C. LEWELLYN. CHARLES B. FOLGER, Notary Public. O My commission expires March 9, 1938. JUNE 19 (legislative day, MAY 28) 1940.—Ordered to be printed Mr. SCHWARTZ, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 6889] The Committee on Claims, to whom was referred the bill (H. R. 6889) for the relief of Frances M. Hannah, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 2288, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2288, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 6889) for the relief of Frances M. Hannah, having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: Line 6, strike out the sign and figures "$2,000" and insert in lieu thereof "$949". The purpose of the proposed legislation is to pay the sum of $949 to Frances M. Hannah, of Madero, Calif., in full settlement of her claim against the United States for personal injuries sustained May 2, 1938, when the streetcar in which she was a passenger was struck by a Civilian Conservation Corps truck in Fresno, Calif. STATEMENT OF FACTS On May 2, 1938, at about 5:55 p.m., a United States Civilian Conservation Corps truck on official business, was proceeding east on Divisadero Street, in Fresno, Calif. When approaching the intersection at Fulton Street, the Government driver entered the intersection without coming to a stop as required by a stop sign posted for eastbound traffic. At this time a northbound streetcar, upon which Mrs. Frances M. Hannah was a passenger, entered the same intersection. The Government driver saw the streetcar, turned sharply to the left in an attempt to avoid a collision, but struck the streetcar near the place Mrs. Hannah was seated, thus causing her injuries. Your committee having carefully_considered the merits of the case, recommend the payment of $800 to Mrs. Hannah for her pain and suffering, and $149 for medical and nursing expenses. Appended hereto is the report of the War Department, together with other pertinent evidence which will show the extent of Mrs. Hannah's injuries. |