BYRON MACDONALD JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. PoAGE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 44821 The Committee on Claims, to whom was referred the bill (H. R 4482) for the relief of Byron MacDonald, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 6, strike out the sign and figures "$10,000" and insert in lieu thereof "$2,500" At the end of the bill add : 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 Byron MacDonald the sum of $2,500 in full settlement of all claims against the United States for the death of his minor son, Richard MacDonald, on July 21, 1937, when he was struck down and killed by a truck, the property of the United States in the service of the Civilian Conservation Corps, on the truck trail on Breakheart Reservation, Saugus, Mass. STATEMENT OF FACTS According to the records submitted in this case, at approximately 11:45 a. m. on July 21, 1937, three Civilian Conservation Corps trucks operating in connection with the Breakheart Reservation left the gravel pit to return to camp for lunch. A short time after starting, four boys approached on bicycles. There were but three bicycles, the first one carrying two boys. As the first truck neared the boys the driver of the truck came to a complete stop and the boys pulled to the side of the road and also stopped. The first truck then proceeded on its way. The bicycle riders also proceeded on their way again, and shortly later encountered the second truck. The trucks were traveling a considerable distance apart. In the meantime, the son of the claimant, Richard MacDonald had lagged behind his other companions. As the second truck approached, the first two bicycles pulled to the side of the road and stopped to allow the truck to pass. MacDonald was still on his bicycle approaching the second truck riding in a rut to his left side of the road. It seems that as the truck neared him he swung over to his own right side of the road in order to allow the truck to pass on its proper side of the road. The road was a very narrow one. However, the second truck also cleared the boys and shortly afterward the third truck approached. Again the first two boys stopped on the right side of the road to allow the truck to pass, and according to the report of the Department of Interior, the driver of the third truck was proceeding at more speed than the drivers of the first two trucks. However, he passed the first two boys, but as the MacDonald boy was attempting to cross over to his right side of the road, as he had done in the cases of the other two trucks, he lost his balance for some reason or other, after the truck driver had assumed that he was safely out of the way, and was continuing on. The truck carried him a little distance and the rear wheel passed over his head. Unfortunately no one actually witnessed just how this happened, and the above facts were surmised from the evidence as submitted. The fact remains, however, that had the driver of the third truck stopped as the first two had, in order to absolutely insure the safety of these boys, the accident causing the MacDonald's boy's death would not have occurred. It is the opinion of your committee that the driver of the third truck assumed too much risk in proceeding in the manner he did on a road of that condition when he encountered the boys on bicycles. The very fact that the other drivers stopped their vehicles is proof enough that the conditions existing could not have appeared altogether safe. The Department states that the third truck was proceeding at 10 miles per hour and upon observing the boys slowed down to 8 miles per hour, whereas the other trucks were proceeding at a rate of about 2 miles an hour, and the first one did come to a complete stop, and the second one to practically a complete stop. The boy was killed as a result of this accident and the purpose of this bill is to grant the sum of $2,500 to his father. Richard was 11 years of age at the time of his death. The Department of Interior has no objection to the enactment of appropriate legislation for the relief of the boy's father and it is felt that the sum recommended is reasonable. Appended hereto is the report of the Department of Interior, together with other pertinent papers. DEPARTMENT OF THE INTERIOR, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives. MY DEAR Mr. CHAIRMAN: I have received your letter of May 2 enclosing a copy of H. R. 9751, entitled "A bill for the relief of Byron F. MacDonald," and requesting a report thereon. This proposed legislation would authorize and direct the Secretary of the Treasury to pay to Byron F. MacDonald, of Malden, Mass., the sum of $10,000 in full settlement of all claims against the United States for damages sustained by his son, Richard Parker MacDonald, deceased, of Malden, Mass., as a result of being struck and killed on July 21, 1937, in the Breakheart Reservation, Mass.. by a truck of this Department. The records on file in this Department indicate that the accident occurred under the circumstances as outlined in the bill. There has been no definite proof submitted to this Department of the extent of the damage to the claimart as the result of this accident. A copy of the report of the accident on file in this Department is transmitted herewith. Although this unfortunate accident is sincerely regretted, it is not believed that this Department should recommend any specific amount to be paid in the absence of definite information regarding the expenses incurred by Byron F. MacDonald. Sincerely yours. E. K. BURLEW, Acting Secretary of the Interior. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, Breakheart Reservation, Melrose, Mass., July 22, 1937 (Reconstruction of fatal accident to Richard MacDonald at Mass. SP-17, Breakheart Reservation, Saugus, Mass., on July 21 1937; investigating Officers Walter B. Hatch and Norman E. Sherman.) At approximately 11:45 a. m., on July 21, 1937, three trucks left the gravel pit to return to camp for lunch. The first truck to leave carried no men because it was not equipped with guard rails for the protection of enrollees while riding. The second had a full quota of men to constitute a load, and the third, had but four men. Each truck proceeded quite some distance apart. A short time after starting four boys approached on bicycles. There were but three bicycles, the first carrying two boys. As the first truck neared the riders the driver of the truck came to a complete stop. The riders pulled to the side of the road and also stopped; the first truck then proceeded on its way. The bicycle riders apparently started on their way again and encountered the second truck. In the meantime, MacDonald lagged behind his other companions, being some distance apart. As the second truck approached the first two bicycles pulled to the side of the road and stopped to allow the truck to pass. MacDonald still was on his bicycle approaching the second truck riding in a rut to his left side of the road. As the truck neared him he swung over to the (his) right side of the road, directly in front of the truck and kept on going. Enrollee Brown, operator of the second truck, had to bring his truck practically to a stop in order to allow the boy to cross and continue on his way. (From observations of the first two truck drivers it would appear that MacDonald was a novice in regards to handling a bicycle. The bicycle also appeared to be too large for the size of the boy. Reports indicate that MacDonald swayed while riding and did not seem to be sure of himself while riding. Swaying could also be occasioned because of the bicycle being too large for him.) After passing the first two trucks the boys continued on their way, MacDonald still being some distance behind the others. The third truck approached and the first two riders stopped on the right side of the road to allow the truck to pass. Investigation discloses that McLean, driving the last truck, was proceeding at about 10 miles per hour and passed the first two bicycles safely. MacDonald was coming up the road, in the left rut again, and as he neared McLean's truck, cut sharply over to his right to allow the truck to pass. Driver McLean slowed down to 8 miles per hour to allow the boy to pass his truck. MacDonald was still on his bicycle and going very slowly (probably because of the heavy going in extremely soft shoulder) as the front of the truck passed by him. (McLean had pulled over to the opposite side of the road as far as trees and other obstacles would allow him. This left about 3 feet clearance on the side where MacDonald was riding his bicycle.) McLean apparently surmised he could safely pass because MacDonald appeared to be coming to a complete stop. As the front of the truck passed MacDonald he either lost his balance because of the soft shoulder while moving slowly, or in attempting to balance the bicycle after coming to a complete stop, he could not reach the ground sufficiently to keep from falling. In falling he either fell against the rear wheel, or directly under it; was carried a little distance and the rear wheel passed over his head. The truck H. Repts., 76-1, vol. 5-8 came to a complete stop somewhere between 6 and 10 feet. None of the boys riding with McLean actually saw the accident happen and there is doubt as to whether MacDonald was at a standstill or moving very slowly just before the accident. JOINT CONCLUSION The investigating officers find that no blame can well be placed on any parties concerned. In their opinion Driver McLean proceeded with due caution but criticism may be made that he did not come to a full stop. However, McLean thought there was room for the bicycle rider to pass. Also the evidence shows that the boy showed all the indications of coming to a full stop. It seems evident that he did but was unable to maintain his balance and fell under the rear wheel of the truck. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, Breakheart Reservation, Melrose, Mass., July 22, 1937. Report of Walter B. Hatch, regional inspector, and Norman E. Sherman, representing the procurement officer on the accident resulting in the death of Richard P. MacDonald in Breakheart Reservation, Mass., State Park 17, Saugus, Mass., at 11:48 a. m. Wednesday, July 21, 1937. The following persons were interviewed and statements taken: George_S. McLean, driver of U. S. D. I. truck No. 8848, involved in the accident. See signed statement by McLean. Donald J. Coleman, age 20 years, address 37 Dimmick St., Somerville, Mass., enrolled August 23, 1935, was seated in dump body truck with two other enrollees. He considers the driver (McLean) moving slowly and safely with truck under perfect control. Says MacDonald (boy killed) was too small to reach the ground with his foot with the bicycle upright. He thinks MacDonald had just come to a dead stop at time he fell under the truck. Coleman was sitting in the middle right behind the cab. The seats in a dump truck are of such a height that one riding can see over the top of the cab. Walter Danek, age 18 years, address 436 East Street, Chicopee Falls, Mass., enrolled May 1936. Riding on rear of truck No. U. S. D. I. 8848. Has known driver (McLean) about 14 months; has frequently ridden in his truck and considers him a good driver. He saw three bicycles approaching-on the first one two boys were riding. Both front (2) bicycles stopped and the boys stood on the right side of the road for the truck to pass. He did not see the MacDonald boy fall but saw his head before he fell. Says the boy appeared to be at a stand-still. Felt a jar and the truck stopped immediately. Says there was room for the boy to pass if he had not fallen. Harry L. Hector, age 19 years, address 208 Garden Street, Cambridge, Mass., enrolled May 7, 1937, riding in rear of dump truck and on side where MacDonald was killed. Considers driver (McLean) a safe and careful driver. Saw the boy on bicycle and thinks it was at a standstill at about opposite cab of truck. Says the boy was so small he had to be on tiptoe to reach the ground. He did not actually see him fall but heard him scream. Says the two front bicycles stopped and the boys were standing on side of the trail. The other boy (MacDonald) approached, riding in his left-hand rut and then swung over to the right. Max Bobala, age 19 years, address 31 Ames Avenue, Chicopee Falls, Mass. enrolled April 1936, was riding in cab of truck No. U. S. D. I. 8848. Considers driver (McLean) a good and careful driver. As the cab passed the boy he appeared to be at a standstill. He heard a scream and felt a jar. The truck stopped within 6 feet of scene of accident Says the boy was too small for size of bicycle. Averett Drown, age 28 years, enrolled January 7, 1935, was driver of Dodge truck no. U. S. D. I. 11808 preceding truck involved in accident. He says the first bicycles stopped at the side of the road for him to pass. The last bicycle (MacDonald) was riding in his left rut. MacDonald swung over to the right and kept on going. Drown had to bring his truck practically to a stop as the boy crossed in front of him. Says the boy appeared not be a good rider as the bicycle was unsteady. Lewis M. Dulong, age 25 years, enrolled May 15, 1936, driver of Ford truck No. U. S. D. I. 6592, second ahead of truck involved in accident He recalls passing the bicycles and says he stopped his truck, then the bicycles stopped and he drove past them. He considers McLean a good truck driver. Name of boy killed: Richard P. MacDonald, age 11 years, 7 months, 4 days, son of Byron F. and Hazel A. MacDonald, 17 Rosement Street, Malden, Mass. Investigating officers: Statement of Herbert W. Jones, foreman, Mass. SP-17, Breakheart Reservation, Melrose Mass., relating to the fatal accident to Richard MacDonald I, Herbert W. Jones, foreman, was building a parking space off the park road, which constituted a heavy fill with gravel and stone, on the day of the fatal accident to Richard MacDonald. Gravel was being hauled over a truck trail from a gravel pit approximately 1⁄2 mile away from the parking space. Five trucks were being used on this project this particular day. A leader was stationed at the gravel pit and I spent most of my time at the parking space under construc..on. I was putting up grade lines when a truck came in and notified me that a boy had been run over by one of our trucks. I immediately went to the scene of the accident on the truck trail and saw the boy laying in the trail. I felt his pulse and wrist, leg, and neck and I knew he was dead. I then came into camp and notified those in charge to call a doctor. I also told Mr. Herron to go out and cover the boy and not let anyone touch him. I then went back to the scene of the accident and secured statements from all those who had witnessed the accident. The police came shortly afterward and took charge Just prior to the accident three trucks left the gravel pit to return to camp for lunch. The first truck to leave the pit was empty; the second had a load of men the the third had but four men. The last truck to leave the pit was the one involved in the accident. HERBERT W. JONES, DEPARTMENT OF THE INTERIOR, Mass. SP-17, Breakheart Reservation, Melrose, Mass., July 21, 1937. TO THE OFFICER IN CHARGE, Civilian Conservation Corps Camp, Breakheart Reservation, Saugus, Mass. He was born in Report of inquest on the death of Richard Mac Donald, which occurred on truck trail, Breakheart Reservation, Saugus, Mass., July 21. 1937. Richard MacDonald, was 11 years of age, single and a student. Everett, Mass., but had lived in Malden, Mass. for the past 3 years. At about 11:48 a. m., July 21, 1937, Richard MacDonald was run over by the left rear wheel of the Department of Interior truck No. 8848, special. The truck was driven by George McLean, enrollee, One Thousand One Hundred and Forty-ninth Company, Civilian Conservation Corps camp, Breakheart Reservation, Saugus, Mass. The injuries were lacerated wounds of scalp, and compound fracture of skull with associated brain injuries. Death was probably instantaneous. George McLean testified he was driving about 10 miles per hour, when three boys on bicycles appeared in the road ahead of him. Two of the boys passed the truck, and the third, Richard MacDonald, when about in the center of the road swung to the left side of the truck. The driver felt he had passed by the boy, when he heard a yell. McLean stopped the truck and went back to find the body lying in the road about 10 feet from the rear of the truck. |