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FLORENCE J. SYPERT, AS ADMINISTRATRIX OF ESTATE OF LEONA CONNOR CHILDERS

FEBRUARY 27, 1945.-Committed to the Committee of the Whole House and ordered to be printed

Mr. STIGLER, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 1492]

The Committee on Claims, to whom was referred the bill (H. R. 1492) for the relief of Florence J. Sypert, as administratrix of the estate of Leona Connor Childers, 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, line 5, after the word "appropriated", strike out the bill down to ": Provided", on page 2, and insert in lieu thereof:

to Florence J. Sypert, of Kansas City, Missouri, as administratrix of the estate of Leona Connor Childers, deceased, the sum of $3,000, in full settlement of all claims against the United States of the said estate for the death of Leona Connor Childers, which occurred as the result of an accident involving an Army airplane on February 27, 1943, at the Municipal Air Terminal at Kansas City, Missouri.

The purpose of the proposed legislation is to pay the sum of $3,000 to Florence J. Sypert, administratrix of the estate of Leona Connor Childers, deceased, in full settlement of all claims against the United States for the death of the said Leona Connor Childers as a result of a United States Army plane crashing into the building in which she was located, on February 27, 1943, at the Municipal Air Terminal, at Kansas City, Mo.

STATEMENT OF FACTS

On February 27, 1943, at about 12:05 p. m., an Army airplane, operated by a commissioned officer on an official flight, came in for a landing at the Kansas City Municipal Airport, Kansas City, Mo. The plane touched the runway and had taxied a short distance, when its right wing was lifted by the wind, causing the left wing to drag on the ground and the plane to turn slowly to its left in the direction of a group of buildings. The Army pilot believed that he would be unable to stop his plane short of the buildings and attempted to take off again, but he was unable to clear a small shed, which was struck by the plane's left wing. Immediately thereafter the plane crashed into and through the roof of a building owned by the Central Boarding

& Supply Co. and/or Missouri Aviation Corporation, in which Mrs. Leona Connor Childers, 2310 Vine Street, Kansas City, was eating lunch. As a result of the accident the plane was demolished, the building was extensively damaged, and Mrs. Childers was instantly killed.

The evidence fairly establishes that the accident and resulting injury and death of Leona Connor Childers were not caused by any fault or negligence on her part but were caused solely by an error in judgment on the part of an officer of the Army acting within the scope of his authority, for which the Government may properly assume responsibility. It is, therefore, the view of the War Department that Mrs. Childers' estate should be reasonably compensated for her death. The proposed award of $3,000 appears to be fair and reasonable, and the War Department has no objection to the enactment of the bill.

Your committee concurs in the recommendation of the War Department and recommends favorable consideration to the bill. Appended hereto is the report of the War Department, together with other pertinent evidence.

Hon. DAN R. McGEHEE,

Chairman, Committee on Claims,

War DeparTMENT, Washington, D. C., December 1, 1944.

House of Representatives.

DEAR MR. MCGEHEE: The War Department has no objection to the enactment of H. R. 4957, Seventy-eighth Congress, a bill for the relief of Florence J. Sypert, administratrix of the estate of Leona Connor Childers, provided it is amended as to form as hereinafter 1ecommended.

This bill would authorize and direct the Secretary of the Treasury to pay to the estate of Leona Connor Childers, Florence J. Sypert, administratrix, of Kansas City, Mo., the sum of $3,000, in full settlement of all claims against the United States for the death of Leona Connor Childers, who was killed on February 27, 1943, when a twin-motored Army plane plowed through the wall of a mess hall of the Missouri Aviation Institute at the Municipal Air Terminal of Kansas City, having done so because of the negligence of the Air Force in making the landing.

On February 27, 1943, at about 12:05 p. m., an Army airplane, operated by a commissioned officer on an official flight, came in for a landing at the Kansas City Municipal Airport, Kansas City, Mo. The plane touched the runway and had taxied a short distance, when its right wing was lifted by the wind, causing the left wing to drag on the gound and the plane to turn slowly to its left in the direction of a group of buildings. The Army pilot believed that he would be unable to stop his plane short of the buildings and attempted to take off again, but he was unable to clear a small shed, which was struck by the plane's left wing. Immediately thereafter the plane crashed into and through the roof of a building owned by the Central Boarding & Supply Co. and/or Missouri Aviation Corporation, in which Mrs. Leona Connor Childers, 2310 Vine Street, Kansas City, was eating lunch. As a result of the accident, the plane was demolished, the building was extensively damaged, and Mrs. Childers was instantly killed. The records of the War Department show that as a result of the death of Mrs. Childers burial and incidental expenses were incurred in the aggregate amount of $595.61, as follows:

Watkins Bros., undertakers, Kansas City, Mo.--
Anderson Funeral Home, Okmulgee, Okla. -

Myers Monument Co., Okmulgee, Okla..

Transportation of body, with attendant..
Burial clothes_.

Flowers--.

Total..

$396. 75

31.00

96.90

35.46

25.50

10.00

595. 61

At the time of her death Mrs. Childers was 47 years of age, and her father, December Connor, was partially dependent upon her for his support.. She was employed at the time of her death by the Central Boarding & Supply Co., of Kansas City, as a cafeteria helper, at a salary of $23.02 per week. By a compromise settlement on June 23, 1943, a lump sum of $300 was paid to December Connor, father of the deceased, under the provisions of the Missouri Workmen's Compensation Act. The sum of $150 was also paid under the Missouri Workmen's Compensation Act to Watkins Bros., undertakers, to be applied against the funeral expenses of Leona Connor Childers.

The evidence fairly establishes that the accident and resulting injury and death of Leona Connor Childers were not caused by any fault or negligence on her part but were caused solely by an error in judgment on the part of an officer of the Army acting within the scope of his authority, for which the Government may properly assume responsibility. It is, therefore, the view of the War Department that Mrs. Childers' estate should be reasonably compensated for her death. The proposed award of $3,000 appears to be fair and reasonable, and the War Department has no objection to the enactment of the bill.

It is recommended that the title of the bill be amended to read "A bill for the relief of Florence J. Sypert, as administratrix of the estate of Leona Connor Childers," and that the text of the bill be amended to read as follows:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby is, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Florence J. Sypert, of Kansas City, Missouri, as administratrix of the estate of Leona Connor Childers, deceased, the sum of $3,000, in full settlement of all claims against the United States of the said estate for the death of Leona Connor Childers, which occurred as the result of an accident involving an Army airplane on February 27, 1943, at the Municipal Air Terminal at Kansas City, Missouri: 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 persion 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 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

AFFIDAVIT OF FLORENCE J. SYPERT

Florence J. Sypert, being duly sworn, upon her oath states that she is the daughter and only child and only heir of Leona Connor Childers, who was killed February 27, 1943, when a twin-motored Army plane plowed through the wall of a mess hall at the Missouri Aviation Institute at the Municipal Air Terminal in Kansas City, Mo. That her said mother was unmarried at the time of her death and died intestate. That affiant was, on April 17, 1944, appointed administratrix of her said mother's estate (estate No. 54971) by the Probate Court of Jackson County, Mo., at Kansas City. That her mother died without any means and this affiant was compelled to pay the funeral and burial expenses, transportation of body to Oklahoma, and erection of headstone out of her own funds and will be compelled to pay out of her own funds the costs and expenses of said administration.

FLORENCE J. SYPERT.

Subscribed and sworn to before me, this 22d day of June 1944. [SEAL]

My term expires September 22, 1944.

M. ARTMAIER, Notary Public.

AFFIDAVIT OF JACOB L. LORIE

Jacob L. Lorie, being duly sworn, on his oath states that he is and has for many years past been a resident of Kansas City, Mo.

That Leona Connor Childers was killed on February 27, 1943, when a twinmotored Army plane plowed through the wall of a mess hall of the Missouri Aviation Institute at the Municipal Air Terminal of Kansas City, Mo., because of the negligence of the United States Air Force in making the landing. Affiant further states that the pilot of the plane was Capt. Leonard Long, a flight training commander stationed at Moody Field, Ga.; that in approaching the field from the west, he carelessly and negligently glided toward the east-west runway at the north end of the terminal and gunned his motor carelessly and negligently at such time and place and in such a way that the plane left the runway and struck a small storage building about 50 feet southwest of the mess hall, plunged on, just skimming the earth, and struck the west wall of said mess hall, plowing through it, and stopped with its nose extending through the east wall. The tail was thrown up through the roof and remained in that position. That immediately thereafter Lt. Col. L. C. Lewis, in charge of Army air activity at the terminal, took charge, barred spectators, and started an investigation. That at the time of her death, the said Leona Connor Childers was in said mess hall and in performance of her duties therein as a cook's helper in the employment of the Central Boarding & Supply Co.

JACOB L. LORIE

Subscribed and sworn to before me this 22d day of June 1944. [SEAL]

My term expires September 22, 1944.

M. ARTMAIER, Notary Public.

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