section when a child left the sidewalk and walked into the side of the passing truck, receiving certain injuries. The father of the child filed a claim with the Post Office Department, but upon the basis of the facts disclosed in the investigation the claim was disallowed on the ground that responsibility was not shown to rest with the Government. Following this, the father brought suit against the carrier personally, in the name of the injured child, and counsel was provided by the Department of Justice to defend the carrier. However, the plaintiff received judgment in the amount of $100 and costs, in all $108. It seems that the Government counsel advised the driver not to appeal to a higher court but to pay the judgment and to file a claim. with Congress. It has been determined that Carrier Lefevre was acting in the scope of his employment and performing in a proper and orderly manner, and the expenses imposed upon him by the verdict of the court has placed an undue hardship on him. The Post Office Department recommends the passage of the bill and your committee does likewise. Appended hereto is the report of the Post Office Department, together with other pertinent correspondence. OFFICE OF THE POSTMASTER GENERAL, Hon. AMBROSE J. KENNEDY, House of Representatives. MY DEAR MR. KENNEDY: The receipt is acknowledged of your letter of February 6, requesting a report on H. R. 3569 for the relief of J. Aristide Lefebvre (Lefevre), of Holyoke, Mass., who seeks to be reimbursed in the sum of $108 on account of a judgment rendered against him in favor of Corrine E. Dupuis, of Willimansett, Mass. I regret my inability to comply with your request for the files in this case for the reason that all papers on file in the Department were forwarded to the Committce on Claims, United States Senate, on February 15, 1938, for consideration with S. 3326, a bill for the relief of Mr. Lefebvre at that time pending before the Senate. I may state, however, that this case arose out of an accident involving a mail truck operated by Carrier Lefebvre which happened at Holyoke, Mass., on August 13, 1936. It appears that the carrier was making a proper left turn at an intersection and had practically completed the crossing of the intersection when the injured child left the sidewalk and walked into the side of the passing truck. The father of the child filed claim under the provisions of 5 United States Code 392, as amended, but upon the basis of the facts disclosed in the investigation this claim was disallowed on the ground that responsibility was not shown to rest with the Government. Thereupon suit was brought against the carrier personally in the name of the injured child and counsel was provided by the Department of Justice to defend the carrier. However, the plaintiff received judgment in the sum of $100 and costs-$108 in all-and the carrier has now asked to be reimbursed in that amount. In the circumstances, I renew my recommendation to the Senate Committee on Claims (a copy of which is attached) that this claim receive favorable consideration. Very truly yours, S. W. PURDUM, Acting Postmaster General. Hon. JOSIAH W. BAILEY, United States Senate. FEBRUARY 15, 1938. MY DEAR SENATOR BAILEY: In compliance with the request of your committee dated January 28, I transmit for consideration with S. 3326 all papers on file in the Department relating to the bill introduced for the relief of J. Aristide Lefevre (Lefebvre), of Holyoke, Mass., who seeks to be reimbursed in the sum of $108 on account of a judgment rendered against him in favor of Corrine E. Dupuis, of Williamsett, Mass. This case arose out of an accident involving a mail truck operated by Carrier Lefebvre which happened at Holyoke, Mass., on August 13, 1936. It appears that the carrier was making a proper left turn at an intersection and had practically completed the crossing of the intersection when the injured child left the sidewalk and walked into the side of the passing truck. The father of the child filed claim under the provisions of 5 United States Code 392, as amended, but upon the basis of the facts disclosed in the investigation this claim was disallowed on the ground that responsibility was not shown to rest with the Government. Thereupon suit was brought against the carrier personally in the name of the injured child and counsel was provided by the Department of Justice to defend the carrier. However, the plaintiff received judgment in the sum of $100 and costs-$108 in alland the carrier has now asked to be reimbursed in that amount. In the circumstances it is believed that the pending bill should receive favorable consideration. DEAR MR. LEFEBVRE: This acknowledges your letter of March 18 requesting such information from me as might be of assistance to you with reference to bill No. 3569 of the House of Representatives. I understand this arises out of your desire to be reimbursed for moneys expended by you as a result of a court judgment arising out of an accident on August 31, 1936, at about 3:45 p. m. at North Chicopee Street and John Street, Holyoke, Mass., involving Government-owned truck No. 15416 operated by you. The opinion of the post-office inspector who investigated the case and my own opinion after examination of the reports and interview with the witnesses were that you were not responsible for the accident which occurred. Both Post Office Inspector George Seaton and I were surprised that the finding of the court, dated November 22, 1937, was against you. Judgment was rendered in the sum of $100 plus costs. I was informed by opposing counsel that on January 3, 1938, you paid the judgment in full in the amount of $108.70, as a result of which execution was endorsed, "Satisfied in full" and mailed to the clerk of the district court of Chicopee. You are authorized to forward this letter, if you so desire, to Congressman Treadway for such use as is proper in connection with your desire for reimbursement. Respectfully, JACKSON J. HOLTZ, Assistant United States Attorney, (For the United States Attorney.) MASSACHUSETTS STATE LETTER CARRIERS' ASSOCIATION, Hon. ALLEN T. TREADWAY, M. C., Washington, D. C. DEAR MR. TREADWAY: I have been watching the Transcript since the close of the last session of Congress to find out what day you would be in Holyoke and on tonight's issue I see where you were here today. So I must take this means of placing this problem before you. One of the carriers here, Aristide Lefevre, was driving a United States parcelpost truck in Willimansett a year ago last June when a little girl ran in front of him; he stopped, but she ran into the side of the truck. After the accident the H. Repts., 76-1, vol. 5-73 postmaster and inspector investigated and absolved Mr. Lefevre. Eleven months after, her father brought suit in court at Chicopee against the carrier, the Government furnished him a lawyer, Mr. Holtz, assistant United States attorney, at Boston, and a judgment was returned against him for $108. As a State officer I went with him to Boston to see Mr. Holtz; he informed me he was surprised at the judgment as he thought Mr. Lefevre was not at fault. He said he would not appeal and the only way Mr. Lefevre could get his money back was to have his Congressman introduce a bill in Congress to reimburse him, and that something should be done as this same condition could happen in every post office in the country and the carrier would be out of luck. I took the matter up at a meeting of the State board of the Carriers' Association, and we decided to contact Senators Walsh and Lodge and the Congressmen from Massachusetts to obtain their assistance to remedy this condition and not have the carrier responsible. The Government should have a fund or insurance similar to our Massachusetts insurance law to protect the drivers. I also informed our national officers of the situation. Secretary Stinson at Washington took the matter up with the Post Office Department. The following is a copy of his answer to me: "Upon receipt of your communication we at once took up the matter with the office of the Solicitor of the Post Office Department, and much to our amazement we were informed that inasmuch as the plaintiff in this case saw fit to exercise his constitutional right and sued the driver of the machine that when the court rendered a judgment against the driver then as far as the Post Office Department is concerned they recognize that as an evidence of guilt and they have no further interest in the case, and the carrier would have to satisfy the judgment. * * * This is the first case of this kind that has ever been brought to our attention because in the past the owners of private property which were damaged by the Government machines have when it was held that the driver was responsible for the accident filed claim against the Post Office Department, and if the Department upon investigation found that the driver was at fault they endeavored to effect a settlement with the claimant. We were further informed by the Solicitor's office that they have handled a number of cases where a suit was brought against the driver and a judgment secured and informed us that in each case the driver was required to satisfy the judgment and pay the costs of court." Mr. Treadway I am sure you can see the injustice that the Government imposes on the drivers of Government-owned machines by not having some sort of insurance or protection when they have accidents and, to this end, the carriers of Massachusetts are appealing to their Representatives in Congress to remedy this situation. Any further information you wish will be gladly furnished by our assistant national seceretary, Mr. Stinson, at Washington to whom I am also writing asking his cooperation. May I at this time inform you that the carriers are very interested in legislation pertaining to their welfare; particularly Sweeney bill, H. R. 8334; Celler bill, H. R. 295; Mead bill, H. R. 167; Gibson bill, S. 615; and Haines bill, H. R. 190; and assure you that anything you do to bring about their adoption will be greatly appreciated by the carriers and their families in our district. Hoping the New Year will bring you an abundance of graces and blessings and with kindest personal regards, I am Sincerely yours, GEORGE F. MCMAHON. OTHO L. CURTNER JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. McGEHEE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3933] The Committee on Claims, to whom was referred the bill (H. R. 3933) for the relief of Otho L. Curtner 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 "$4,000". Line 7, after the word "against," strike out the language "the Government of". Page 2, line 2, beginning with the word "Provided" 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 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 Mr. Otho L. Curtner, of Steele, Mo., the sum of $4,000 in full settlement of all claims against the United States on account of personal injuries. sustained by him as a result of negligence on the part of employees of the Works Progress Administration engaged in blasting, on August 18, 1937. STATEMENT OF FACTS On August 18, 1937, Otho L. Curtner, of Steele, Mo., was encamped with the One hundred and fortieth Regiment of the Missouri National Guard Infantry at Fort Riley, Kans. Works Progress Administration employees on project No. 26582-5000 were engaged in blasting an 8-foot wall in connection with the construction of rock dikes along the Kansas River at Marshall Field, in order to prevent a further bank erosion and the resulting destruction of brick buildings and steel girder bridge. At about 3 p. m. on the above-mentioned date, as a result of a blast of dynamite set off by the Works Progress Administration employees, a rock weighing between 2 and 3 pounds was thrown through the air for a distance of 1,049 feet. This rock fell through a tent and struck Mr. Curtner, who was inside. He was standing with his back to the wall of the tent and the rock struck him on the back of the head and on his back, and the impact of the blow rendered him unconscious. At that time his injuries were diagnosed as being "lacerated scalp, occipital contusion of scalp. Contusion of back," and he was confined to the post hospital from August 18 to 28, 1937, after which he returned to his home. A subsequent X-ray examination disclosed a fracture of the seventh cervical spinous process and Mr. Curtner was hospitalized at the station hospital, Jefferson Barracks, St. Louis, Mo., for the period September 12, 1937, to October 21, 1937, when he again returned to his home. On January 27, 1938, Mr. Curtner reentered the station hospital at Jefferson Barracks, remaining until February 22, 1938. Mr. Curtner has been unable to work since the time of the accident and it is unlikely that he will be able to do any work for some time to come. It will be impossible for him to perform work involving any physical exertion for several years, due to the severe pain which this would inflict upon him. The Works Progress Administration recommends the enactment of proper legislation to relieve Mr. Curtner, stating, in part, as follows: The Administration is of the opinion that its employees were negligent in the manner in which they conducted blasting operations on the project, and this negligence was the proximate cause of Mr. Curtner's injuries. Your committee concur in the recommendation of the Works Progress Administration and accordingly recommend the passage of the bill in the amount of $4,000 to compensate Mr. Curtner for his extreme pain, suffering, and disability and for his partial permanent disability. Appended hereto is the report of the Works Progress Administration, together with other pertinent evidence. WORKS PROGRESS ADMINISTRATION, The Honorable AMBROSE J. KENNEDY, House of Representatives, Washington, D. C. MY DEAR CONGRESSMAN KENNEDY: Your records will disclose your communication of April 13, 1939, and my reply of April 17, 1939, relative to H. R. 3933, a bill for the relief of Otho L. Curtner. The Administration's report is as follows: The bill proposes to appropriate the sum of $10,000 to Otho L. Curtner, of Steele, Mo., "in full settlement of all claims against the Government of the United States for personal injuries sustained by him on August 18, 1937, while encamped with the One Hundred and Fortieth Regiment Missouri National Guard Infantry, at Fort Riley, Kans., which said injury was the direct result of the negligent acts of employees of the Works Progress Administration engaged in blasting on Works Progress Administration project numbered 265-82-5000.❞ |