EL PASO, TEX., July 10, 1938. EL PASO MASONIC HOSPITAL For services rendered Helen Louise Giles, patient No. 23021, room No. 206, rate, $5: Room, board, and service (1 day, from July 10 to 11). Drugs and dressings---. Total.... Received payment July 11, 1938. $5.00 7.00 .20 12. 20 EL PASO MASONIC HOSPITAL. (This statement does not include doctor's or nurse's fee.) We, the undersigned, witnessed the accident of Helen Giles, on Sunday evening, July 10, 1938, at the band concert in the Eighty-second Field Artillery area. She tripped over a wire supporting one of the trees, causing her to fall and break her arm. Mrs. JOHN BOTHWELL. Sworn and subscribed to before me on this the 27th day of February A. D. 1939. [SEAL] A true copy: W. R. POHLE, Notary Public. CHARLES S. BRICE, Major, Judge Advocate General's Department. TESTIMONY OF CORP. THOMAS B. EVANS, MILITARY_POLICE SECTION, HEADQUARTERS TROOP, FIRST CAVALRY DIVISION, FORT BLISS, TEX. Q. On the night of July 10, 1938, what was your duty?—A. I was on duty as corporal of the M. P.'s that night. I was in the vicinity of the Eighty-second Field Artillery bandstand that night when a lady came up to me, crying, and said that a little girl got hurt by a guy wire. I called the ambulance and had the little girl, who was hurt, taken to dispensary B. The lady and the doctor took her home. I went back to my original duty. Q. Did you see the guy wire?-A. Yes; they were fastened to the tree near the bandstand. Q. Did you see the girl fall over it?-A. No, sir. Q. Were there any children playing around there?-A. Yes, sir. Q. How old was the child?-A. About 11 years old. Q. Do these guy wires provide a normal method of the post protection of trees? A. Yes, sir. Q. Did that guy wire extend over any part of the road?—A. No, sir; it was right on the lawn. Q. Did you see this child running around alone on the lawn?-A. No, sir. Q. You did not see this child trip over the wire?-A. No, sir. Q. How did you bring her to the dispensary-A. I called the ambulance. Q. How close was this tree to the bandstand?-A. About 10 feet. stand. Were there lights around this vicinity?-A. Yes; a light is there at the band Was that light sufficient to show this guy wire plainly?—A. No, sir. Q. How big a wire is this guy wire in diameter?-A. A little larger than a bailing wire. Q. What is the customary way to listen to the band concert?-A. The customary way to listen to the band concert is sitting in parked automobiles. No seats are provided for spectators at the concert. TESTIMONY OF CAPTAIN VANWAGNER Q. Captain, we are investigating an accident to Helen Louise Giles, which occurred on July 10, 1938. Will you tell us what you know about the case?— A. At approximately 8:15 p. m., July 10, 1938, I was medical officer of the day at Fort Bliss, Tex. I received a call at that time, and when I arrived at the dispensary I found Miss Giles at the dispensary, where I examined her and found she was suffering from a fracture, simple, complete, middle one-third, left radius and ulna. I reduced the fracture, applied temporary splint, and sent the patient to Masonic Hospital by an Army ambulance, driven by Pvt. Gene F. Fielder. The ambulance left the dispensary at about 8 a. m. and returned at about 9 p. m. Miss Giles' mother was at the dispensary with her and desired her transfer to the Masonic Hospital. Q. In your opinion, Captain Vanwagner, was the injury of such nature as to bring about permanent disability?-A. In my opinion, no permanent disability should result from the accident. Q. How old a child would she appear to be?-A. Approximately 12 years old. Q. Did she state to you at the time the cause of her injury?-A. She told me she had tripped over a wire in the vicinity of the Eighty-second Field Artillery bandstand. Q. After an examination this date, what is your opinion as a result of the injury? A. In my opinion, after examination this date, there is no resulting deformity and no limitation of function. O 76TH CONGRESS HOUSE OF REPRESENTATIVES ( 1st Session ANNA E. HURLEY JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. ELLIS, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3156] The Committee on Claims, to whom was referred the bill (H. R. 3156) for the relief of Anna E. Hurley, 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, after the name "Hurley", insert "of Kansas City, Kansas". Line 6, strike out the sign and figures "$2,046.11" and insert in lieu thereof "$1,646.11". Line 6, after the word "settlement", add "of all claims against the United States". 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 Anna E. Hurley the sum of $1,646.11 in full settlement of all claims against the United States for damages to real and personal property, not reimbursed by insurance, and for extra expenses thereby necessitated when on or about January 8, 1938, an airplane belonging to and operated by persons attached to the Naval Reserve aviation base at Kansas City, Kans., after failing and being abandoned in midair, crashed into the residence at 1121 Stewart Avenue, Kansas City, Kans. STATEMENT OF FACTS According to the report of the Department of the Navy, the United States Navy aircraft FF-2 No. 9370, while in authorized flight on January 8, 1938, at about 3 p. m., made a forced landing on the residence of Mrs. Anna E. Hurley, located at 1121 Stewart Avenue, Kansas City, Kans. The naval aircraft was out of control, and all personnel had abandoned the plane at the time of the crash The forced landing of the airplane on the residence of Mrs. Hurley destroyed a portion of the roof, the east wall and the adjoining partitions, floorings, and joists on the first and second floors, which damage rendered the residence uninhabitable. Mrs. Hurley was compensated in the sum of $1,300 by the American Insurance Co. of New Jersey under a policy of insurance issued by that company. Mrs. Hurley had been confined to bed the day before the accident due to heart trouble, and naturally this accident was a severe shock to her, although no one in the house was directly injured. Mrs. Hurley was taken to the hospital and had to remain there for about 4 weeks in a state of severe shock and nervousness. She has presented a claim in the amount of $2,046.11, including damages to household effects and lawn; hospital, doctor, and druggist bills; rent of other living quarters and miscellaneous items, as well as damage to clothing. Your committee has determined that most of the items presented are reasonable, but has allowed for some exaggeration and has reduced the bill to $1,646.11. There are numerous bills and estimates on file with the committee which will not be appended hereto because of the volume of same. The Navy Department accepts liability in this case and offers no objection to the enactment of appropriate legislation. Your committee feel that the amount recommended is proper and accordingly recommend passage of the bill. Appended hereto is the report of the Navy Department, together with other pertinent evidence. NAVY DEPARTMENT, OFFICE OF THE SECRETARY, The CHAIRMAN, COMMITTEE ON CLAIMS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: The bill (H. R. 3156) for the relief of Anna E. Hurley was referred to the Navy Department by your committee, with a request for report and recommendation relative thereto. The purpose of this bill is to authorize an appropriation of $2,046.11 to be expended by the Secretary of the Treasury, out of any funds in the Treasury not otherwise appropriated, for payment to Anna E. Hurley, in full settlement for damages to real and personal property, not reimbursed by insurance, and for extra expenses thereby necessitated, when, on January 8, 1938, an airplane belonging to the United States Government and operated by persons attached to the Naval Reserve aviation base, Kansas City, Kans., after failing and being abandoned in midair, crashed into the residence of Mrs. Anna E. Hurley, at 1121 Stewart Avenue, Kansas City, Kans. The record of the proceedings of a board of investigation convened at the United States Naval Reserve aviation base, Fairfax Airport, Kansas City, Kans., January 9, 1938, by order of the commandant, ninth naval district, Great Lakes, Ill., and the record of proceedings in revision of a board of investigation convened January 21, 1938, by the same authority and at the same place, discloses that United States Navy aircraft FF-2 No. 9370, while in authorized flight on January 8, 1938, at about 3 p. m., made a forced landing on the residence of Mrs. Anna E. Hurley, located at 1121 Stewart Avenue, Kansas City, Kans. The naval aircraft was out of control and all personnel were out of the plane at the time of the crash. The forced landing of the airplane on the residence of Mrs. Anna E. Hurley destroyed a portion of the roof, the east wall and the adjoining partitions, floorings and joists on the first and second floors, which damage rendered the residence uninhabitable. The board of investigation in revision estimated the cost of repairing the damage sustained to the residence of Mrs. Anna E. Hurley as $1,131.28. The board of investigation in revision further estimated that $200 damage was sustained to the furniture and personal effects of Mrs. Hurley, $100 for medical services, and $100 damages for temporary loss of residence. The records of the Navy Department show that Mrs. Anna E. Hurley was compensated for the damages above listed in the sum of $1,300 by the American Insurance Co. of New Jersey under a policy of insurance issued by that company, and that bill H. R. 3363, for the relief of the American Insurance Co. of New Jersey, has been introduced in the Congress to authorize an appropriation of $1,300 to be expended by the Secretary of the Treasury, out of funds in the Treasury not otherwise appropriated, for payment to the American Insurance Co. of New Jersey in full settlement of all claims against the Government of the United States for loss and damages sustained to the property of Anna E. Hurley. This loss and these damages were occasioned by the American Insurance Co. of New Jersey by the payment of a claim by said company to Anna E. Hurley, its insured under a policy of insurance issued by said company, all of which grew out of the forced landing of United States Navy aircraft FF-2, No. 9870, on January 8, 1938, on the residence of Mrs. Anna E. Hurley, located at 1121 Stewart Avenue, Kansas City, Kans. Since the records of the Navy Department show that the property of Mrs. Anna E. Hurley, located at 1121 Stewart Avenue, Kansas City, Kans., was damaged on the afternoon of January 8, 1938, by United States Navy airplane FF-2 No. 9370, while on an authorized flight, the Navy Department interposes no objection to the enactment of bill H. R. 3156, for the appropriation of such amount to be paid out of the Treasury to Mrs. Anna E. Hurley as may be established to be the value of the property lost or destroyed, together with other damages in excess of the $1,300 which she has received from the American Insurance Co. of New Jersey for loss of property growing out of this incident. The Navy Department has no way of determining what such amount, if any, would be. Sincerely yours, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, J. O. RICHARDSON, Acting. HOUSE OF REPRESENTATIVES, Washington, D. C., February 9, 1939. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Replying to yours of the 7th with reference to H. R. 3156, I have to advise that my bill does not contemplate any recovery for Anna E. Hurley for any losses for which she was reimbursed by insurance. The insurance paid her covered the major cost of repairing the dwelling, while my bill covers damages, losses, and expenses which were not covered by insurance. These represent: Household effects and lawn_. Hospital, doctor, and druggist bills. Rent of other living quarters and miscellaneous items__ Clothing, including cost of repairing, cleaning that not beyond repair__ Total____. $1,066. 77 253. 88 539.00 186. 46 2,046. 11 According to figures furnished me, Mrs. Hurley paid out, in addition to the sum claimed in my bill, $1,394, which apparently was, for the most part, covered by insurance. Detailed evidence in support of the claim presented in H. R. 3156 is being assembled in my office and will be turned over to the committee in a few days. I trust this clears the matter up. You will note that H. R. 3156 asks for relief for losses not reimbursed by insurance. Sincerely yours, U. S. GUYER. |