STATEMENT OF HUGH ADAMS SMITH, 1436 WEST THIRD STREET, BEND, OREG. A United States Government truck, No. W-35551, collided with my car, a Studebaker 1938 cruising sedan, bearing Oregon license No. 213-304 at about 3:10 p. m., on August 12, 1938. The collision occurred on the Ilwaco-Fort Canby Road a short distance east of the North Head road junction. me. Prior to the collision I was driving toward Fort Canby. As I approached the North Head road junction I observed a parked car on the south side of the road. I moved well over to the right side of the road, and slowed down to about 10 miles per hour. I was traveling up a grade. Suddenly a Government truck driven at a high rate of speed careened around the parked car and headed straight for I drove to the right as close to the edge of the highway as I could do. I did not look at the driver but looked at the front wheels of the truck to see if it would turn right. The driver was apparently trying to turn his truck but his front wheels would not grip in the loose gravel. The Government truck crossed the highway and collided with the left front fender and wheel of my car, pushing my car off from the highway into a ditch up against a bank where the right front wheel received the force of the collision. (No mention whatever was made in my discussion with Capt. A. K. Chambers as to whether or not any signal was given or whether such would have been possible.) At the time of the collision visibility was excellent; the sun was brightly shining; the road was dry and covered with loose gravel. To my knowledge, no one was injured. My car was new. I left Bend on a vacation trip as soon as sufficient mileage was on the car to permit removal of the governor which came on it, and at the time I was struck there was but 1,900 miles on the car. The car was less than a month old. A most preliminary estimate made at Ilwaco placed the cost of repairs at about $175. Contacting the garageman again in the afternoon of Saturday, August 13, 1938, he stated that the frame of the car was bent, and that his original preliminary estimate of repairs should have been about $275. I carry $25 deductible collision insurance. A car mechanic of 20 years' experience, a J. J. Sewell, connected with the Inland Motor Co., of Portland, Oreg., examined the car just after the accident. Mr. Sewell who was driving the identical car as mine stated that the Studebaker car has a sensitive factory-built method of knee wheel action in the front, and that the car would never be the same by repairing. (Signed) HUGh A. Smith. Subscribed and sworn to before me this 27th day of September 1938. Notary Public for the State of Oregon. My commission expires O ELIZABETH E. BURKE JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. ROCKEFELLER, from the Committee on Claims, submitted the following REPORT [To accompany S. 1905] The Committee on Claims, to whom was referred the bill (S. 1905) for the relief of Elizabeth E. Burke, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, beginning with the word "Provided" in line 11 strike out the remaining language of the bill and insert in lieu thereof the following: 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 misde meanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. The purpose of the proposed legislation is to pay to Elizabeth E. Burke, of Turner Falls, Mass., the sum of $304 in full satisfaction of her claim against the United States for compensation and reimbursement of medical and hospital expenses incurred by her as the result of personal injuries sustained by her when the car in which she was riding was struck by a Civilian Conservation Corps truck on January 26, 1935. The facts are fully set forth in Senate Report No. 332, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [8. Rept. No. 332, 76th Cong., 1st sess.] The War Department has no objection to the enactment of the bill. The records of the War Department show that on January 26, 1935, a Ford ambulance on official business, operated in connection with Civilian Conservation Corps activities of the War Department was proceeding north on Riverdale Street, in West Springfield, Mass., at a speed of from 20 to 25 miles per hour; that the driver of the Government vehicle was following a Packard sedan at a distance of from 20 to 25 feet; that upon arriving opposite a Shell gasoline station near the intersection of Massasoit Street, the driver of the Packard sedan suddenly and without warning slowed to almost a complete stop; that the driver of the Government vehicle turned to his left to pass the Packard sedan, in an effort to avoid a collision; that as he did so he was immediately confronted with a WillysKnight sedan driven by Francis A. Leete, of Springfield, Mass., with Mrs. Francis A. Leete and Miss Elizabeth Burke as passengers, which was proceeding in the opposite direction on its proper side of the road at a speed of from 20 to 25 miles per hour; that the driver of the Government vehicle increased his speed in an attempt to pass the Packard sedan; that Mr. Leete, endeavoring to avoid a collision with the Government vehicle, tried to turn to the right into the Shell station, and that the two vehicles met in collision. As a result of the collision Miss Burke suffered lacerations of the forehead, which required 16 stitches, and water on her knees, that still trouble her. In a letter dated February 24, 1939, claimant states that she is "still troubled with headaches and lapses of memory and has not fully recovered from the effects of the accident." Upon review in the War Department of the proceedings of a board of investigation concerning this accident, it was determined that the proximate cause of the accident was negligence on the part of the Government driver in that he was following the Packard sedan too closely for proper control of his vehicle, consideration being given to the road conditions existing at the time of the accident. Under all the circumstances the amount asked for appears to be reasonable, and it is accordingly recommended that the bill do pass. The following communications are appended hereto and made a part of this report as follows: Hon. M. M. LOGAN, Chairman, Committee on Claims, United States Senate. War DepartMENT, Washington, April 14, 1939. DEAR SENATOR LOGAN: Careful consideration has been given to the bill (S. 1905, 76th Cong.) for the relief of Elizabeth E. Burke, which you transmitted to the War Department under date of March 23, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Elizabeth E. Burke the sum of $304 in full satisfaction of her claim against the United States for compensation and reimbursement of medical and hospital expenses incurred by her as the result of personal injuries sustained on January 26, 1935, when the automobile in which she was riding was struck by a Civilian Conservation Corps ambulance. The records of the War Department show that on January 26, 1935, a Ford ambulance on official business, operated in connection with Civilian Conservation Corps activities of the War Department, was proceeding north on Riverdale Street, in West Springfield, Mass., at a speed of from 20 to 25 miles per hour; that the driver of the Government vehicle was following a Packard sedan at a distance of from 20 to 25 feet; that upon arriving opposite a Shell gasoline station near the intersection of Massasoit Street, the driver of the Packard sedan suddenly and without warning slowed down to almost a complete stop; that the driver of the Government vehicle turned to his left to pass the Packard sedan, in an effort to avoid a collision; that as he did so he was immediately confronted with a Willys-Knight sedan driven by Francis A. Leete, of Springfield, Mass., with Mrs. Francis A. Leete and Miss Elizabeth Burke as passengers, which was proceeding in the opposite direction on its proper side of the road at a speed of from 20 to 25 miles per hour; that the driver of the Government vehicle increased his speed in an attempt to pass the Packard sedan; that Mr. Leete, endeavoring to avoid a collision with the Government vehicle, tried to turn to the right into the Shell gasoline station; and that the two vehicles met in collision, thereby giving rise to the damages complained of. No claim has been presented to the War Department arising out of this accident, and there is no record of expenses incident thereto. However, it appears from the report of the motor vehicle accident of the Town of West Springfield, department of police, that Miss Burke suffered lacerations of the forehead. Upon review in the War Department of the proceedings of a board of investigation concerning this accident, it was determined that the proximate cause of the accident was negligence on the part of the Government driver in that he was following the Packard sedan too closely for proper control of his vehicle, consideration being given to the road conditions existing at the time of the accident. From the above it appears that Miss Burke has suffered some loss and injury as a result of the accident, and the War Department will interpose no objection to the enactment of legislation to compensate her in such amount as the Congress may deem proper to allow. Sincerely yours, HARRY H. WOODRING, Secretary of War. Hon. DAVID I. WALSH, Washington, D. C. TURNERS FALLS, MASS, Feburary 24, 1939. DEAR SENATOR WALSH: Referring to your letter of February 7, following is the information you wish: On January 26, 1935, while riding with my sister and her husband from Turners Falls, Mass., to Springfield, Mass., we were run into by a Civilian Conservation Corps ambulance loaded with more than 20 young men that pulled out of line on a curve and met us head on, throwing me from the back seat onto the driver's back and rendering me unconscious. I received a badly lacerated forehead that required 16 stitches, and water on both knees that still trouble me. I am still troubled with headaches and lapses of memory and have not fully recovered from the effects of this accident. I have written Brig. Gen. J. M. Cummings and am awaiting his reply. I have written the hospital and doctor for their bills and will forward them to you when I receive them. Very truly yours, ELIZABETH E. BURKE. TURNERS FALLS, Mass., March 13, 1939. Hon. DAVID I. WALSH, United States Senate, Washington, D. C. DEAR SENATOR WALSH: letter of February 7, 1939. Enclosed is the information you requested in your The following is a list of the expenses incurred in the accident: Springfield Hospital._-_ Wages lost, Jan. 28 to Feb. 23, 1935 (4 weeks in all). Dr. James A. Seaman... Board, room, and care, Jan. 26 to Feb. 24, 1935 (4 weeks, at $15 per week)- $13 64 67 60 |