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On September 27, 1943, J. D. Ethridge filed a claim with the War Department in the amount of $500 for the personal injuries sustained by him in this accident. Mr. Ethridge's claim was approved by the Department on May 27, 1944, in the amount of $306 (medical and hospital expenses actually incurred), which amount the claimant agreed to accept in full satisfaction and final settlement of his claim, reserving his right to any amount which may be awarded to him through special relief legislation in Congress. This claim is now in process for payment.

The evidence fairly establishes that the accident and resulting personal injuries of Alfred P. Scarborough and J. D. Ethridge were not caused by any fault or negligence on their part, but were caused by the mechanical failure of an instrumentality of the Army for which the United States may properly assume responsi. bility. It is, therefore, the view of the War Department that Mr. Scarborough and Mr. Ethridge should be reasonably compensated for the personal injuries which they have sustained. Considering the fact that all medical and hospital expenses in connection with this case have been administratively settled by the War Department, the amounts of the awards proposed in the hill, $1,000 and $1,500, respectively, are somewhat excessive. The Department would not, however, oppose the enactment

of the hill if it should be so amended as to provide for an award of $300 to Mr. Scarborough and an award of $600 to Mr. Ethridge, which, it is believed, would constitute fair and reasonable settlements of the claims.

For the purpose of accuracy the spelling of the word "Etheridge" as it appear in the title and on lines 7, 11, and 13 of the hill should be changed to “Ethridge".

The fiscal effect of the bill is manifest.

The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,

HENRY L. STIMSON,

Secretary of War.

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STATE OF GEORGIA,

Dodge County: In person before the undersigned officer of the State and county aforesaid authorized to administer oaths in and for the same, hath appeared, A. P. Scarborough, a person well known to the undersigned officer, and who, being sworn, on oath, deposeth and saith, as follows:

1. That he was very severely burned on September 13, 1943, when attempting to rescue what he supposed to be a pilot in a fallen United States Army airplane.

2. That in consequence of such severe burns and the shock attendant thereto, he was admitted to the Dodge County Hospital, very shortly thereafter on the 13th day of September 1943, and remained therein under continuous medical care and attention for 25 days, being discharged therefrom on the 8th day of October 1943.

3. That in consequence of such shock and burns the affiant suffered intense pain, and lost from his work the 25 days he was in the hospital, and not less than 10 weeks immediately thereafter he was unable to work on this particular account.

4. That in further consequence of such shock and burns the affiant is now considerably disabled in and about his feet, and suffers a great deal if he has to walk a great deal or wear his shoes a very long time, and thereby he is handicapped in following his regular vocation, that of a hired farm hand.

5. That as a result of this, affiant incurred an account at the Dodge County Hospital, Eastman, Ga., Dr. W. H. Peacock, M. D., resident physician, and such account is unpaid in the total sum thereof, i. e., $209, and that affiant of his own means lacks the ability to pay such account in part or in whole. 6. Further, the affiant saith not.

A. P. SCARBOROUGA. STATE OF GEORGIA,

Dodge County: In person before me came the above and has sworn to and subscribed to the foregoing statements on this the 29th day of April 1944. (SEAL

Cary G. BULLOCK, Notary Public. Commission expires July 29, 1947.

STATE OF GEORGIA,

Dodge County: On September 13, 1943, A. P. Scarborough, a person resident in the State and county aforesaid, entered the Dodge County Hospital, Eastman, Ga., at which the undersigned was resident physician.

Mr. Scarborough was suffering from shock, and severe burns in the first, second, and third degree of the face, neck, back, buttocks, and legs, and second and third degree burns of the feet, occasioned by his being barefooted at the time he approached the fallen United States Army airplane to attempt rescue of the pilot thereof whom he thought was still in the fallen airplane.

No permanent disabilities were incurred other than in the feet. Scar tissue occasioned by burns on feet have caused some loss of function of toes.

The amount of disabilities incurred in the feet are associated with the fact that his feet were exceedingly tender.

Being a wage-hand engaged in farm labor and having to plough and do considerable general farm labor, a considerable handicap in his vocation has resulted. He is unable to wear his shoes very long, as his shoes have a tendency to cause severe pain and burning. Pellegra may be a factor but it never was heretofore.

There is some evidence that severe burns in the future may cause peptic or duodenal ulcers.

In my opinion, he has suffered as a result of these burns not less than a 20percent disability. Therefore, I feel that a $500 settlement would be just, and a minimum allotment for this injury and to compensate him for pain, suffering, and the loss of time which has resulted.

Mr. Scarborough was discharged from the hospital on the 8th day of October 1943, after being there 25 days continuously undergoing hospitalization and treatment for the above.

W. H. Peacock, M. D. STATE OF GEORGIA,

Dodge County: The above statement sworn to and subscribed to by Dr. W. H. Peacock, in person before the undersigned officer of the State and county aforesaid on this the 29th day of April 1944. (SEAL)

CARY G. BULLOCK, Notary Public. Commission expires July 29, 1947.

STATE OF GEORGIA,

Dodge County: In person before me the undersigned officer of the State and county aforesaid, bath appeared W. H. Peacock, M. D., a physician of the State and county aforesaid, who, being known to the undersigned officer, and who, being sworn, on his oath, deposeth and saith, as follows:

That he was a resident physician of the Dodge County Hospital, and partially interested therein, during the period extending from September 13, 1943, to October 8, 1943.

That one A. P. Scarborough entered the said hospital on September 13, 1943, suffering severe burns and shock, and was admitted for hospitalization and treatment, and was discharged from such hospital on the 8th day of October 1943, after 25 days of continuous treatment.

That the said A. P. Scarborough is indebted to the Dodge County Hosptal in the sum of $209, and that said sum includes all the following charges, i. e.

1. Twenty-five days' hospitalization.
2. Complete medical care and attention during period.
3. Complete nursing service during period.
4. Complete surgical attention insofar as needed.

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H. Repts., 79-1, vol. 1-30

5. Such drugs and toilet articles as were necessary.
6. Ambulance fees as were necessary:
That at the time of making this affidavit said sum of $209 was unpaid.
Further, the affiant saith not.

W. H. PEACOCK, M. D. STATE OF GEORGIA,

County of Dodge: Sworn to and subscribed to in person before me on this the 29th day of April 1944. (SEAL)

CARY G. BULLOCK, Notary Public. Commission expires July 29, 1947.

STATE OF GEORGIA,

Dodge County: In person before the undersigned officer authorized to administer oaths in and for the State and county aforesaid, hath appeared J. D. Ethridge, who, being known to the undersigned officer, and who, being sworn, on his oath, deposeth and saith as follows:

1. That he was seriously burned about the face and hands on September 13, 1943, when he attempted, in company with Mr. A. P. Scarborough to rescue a pilot from a fallen Army airplane.

2. That unknown to him and Mr. Scarborough the said pilot had bailed out of the Army airplane before it crashed, and as a consequence of their approach to the airplane and the explosion ensuing they were both seriously burned, the affiant being the most seriously burned.

3. That as a result of this accident the affiant spent 31 days in the Dodge County Hospital, and lost that time from his work, and 4 months in all from the beginning of the accident to the resumption of his duties. That the actual loss in money was $353.60, and the loss of the use of his arms freely has further caused a very considerable vocational handicap, inasmuch as he was employed as a textile hand in local cotton mill.

4. That as a result of the accident the affiant incurred a hospital bill in the sum of $306 at the Dodge County Hospital for complete hospitalization, medical care, surgical attention, nursing care, drugs, and toilet articles, and ambulance fees as were necessary in affiant's case and treatment, and that this sum at the date of making this affidavit is unpaid. 5. Further the affiant saith not.

J, D. ETHRIDGE. Sworn to and subscribed to before me at Eastman, Dodge County, Ga., by the aforesigned affiant, on this the 3d day of May 1944. (SEAL)

CARY G. BULLOCK, Notary Fublic. Commission expires, July 29, 1947.

Mr. J. D. Ethridge was brought to the Dodge County Hospital where I was resident physician on September 13, 1943, suffering from severe condition of shock as a result

of burns sustained in an airplane crash and consequent explosion of the tank of said airplane on Mr. Ethridge's farm about 6 miles south of Eastman, Dodge County, Ga.

Mr. Ethridge was in a severe state of shock. He had sustained severe second and third degree burns over the entire face, neck, hands, legs, thighs, buttocks and back, chest and stomach. He was given treatment by the Dodge County Hospital for shock, plasma was administered. Mr. Ethridge it was thought had a very doubtful chance of recovering; however, he recovered with a minimum of permanent and total disabilities. The burns on hands were so severe scar tissue bas

caused contraction of the tendons, fingers, and hands. He has permanent 50percent disability of his hands. He is at present unable to close his hands, but in time this condition may improve with usage; however, there is a possibility that it will be permanent.

Burns around the face and eyes occasion some weakness of his eyes, and some disfiguration of features of his face also. Mr. Ethridge has multiple scars over his body, legs, in more or less degree.

In my opinion Mr. Ethridge has been sorely handicapped as a result of this accident in the earning of a living. His hands incapacitate him for most types of work in which he was heretofore engaged. He is entitled to not less than $1,000 which is a conservative estimate of the damages incurred by him. I hope that he will be accorded this amount as he is an old man, and it will facilitate sustenance possibly for the remainder of his life.

W. H. PEACOCK, M. D. Sworn to and subscribed to before me this 16th day of May 1944 at Eastman, Dodge County, Ga. (SEAL)

CARY G. BULLOCK, Notary Public. Commission expires July 29, 1947.

STATE OF GEORGIA,

Dodge County: In person before the undersigned officer of the State and county aforesaid, hath appeared W. H. Peacock, M. D., a physician of the State and county aforesaid, who, being known to the undersigned officer, and who, being sworn, on his oath, deposeth and saith, as follows:

That he was a resident physician of the Dodge County Hospital and partially interested therein during the time such hospital was in operation.

That one John D. Ethridge was admitted to said hospital on September 13, 1943, and was discharged therefrom October 14, 1943, and at time of admittance was suffering from severe shock and third degree burns about the face and hands, for which he was given by said hospital 31 days of continuous hospitalization and treatment.

That said shock and severe burns were incurred by reason of Mr. Ethridge attempting to rescue what he thought was a pilot in a fallen United States Army airplane in Dodge County, Ga., on the 13th day of September 1943.

That the said John D. Ethridge is indebted to the Dodge County Hospital in the sum of $306 and that said sum includes all of the following charges, i. e.

1. Thirty-one days hospitalization as above.
2. Complete medical care and attention during such period.
3. Complete nursing service during such period.
4. Complete surgical attention insofar as was needed.
5. Such drugs and toilet articles as were necessary.
6. Ambulance fees as were necessary.
That at the time of making this affidavit said sum of $306 was unpaid.
Further, the affiant saith not.

W. H. PEACOCK, M, D. STATE OF GEORGIA,

Dodge County: Sworn to and subscribed to in person before me on this the 29th day of April 1944. (SEAL)

CARY G. BULLOCK, Notary Public. Commission expires July 29, 1947.

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