FEBRUARY 9, 1945.-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. 242]

The Committee on Claims, to whom was referred the bill (H. R. 242) for the relief of Ruben M. Herren, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

An identical bill was favorably reported by your committee during the Seventy-eighth Congress but was objected to on the floor of the House and recommitted to this committee.

The facts will be found fully set forth in House Report No. 755, Seventy-eighth Congress, first session, which is appended hereto and made a part of this report.

[H. Rept. No. 755, 78th Cong., 1st sess.]

The purpose of the proposed legislation is to pay the sum of $833.80 to Ruben M. Herren, of Smyrna, Ga., in full settlement of all claims against the United States for personal injuries sustained as a result of the collision between the car way No. 41, in Cobb County, Ga., on September 25, 1942.

STATEMENT OF FACTS

It appears that on September 25, 1942, about 8:15 p. m., an Army truck, which a heavily loaded trailer was attached, was traveling in a southerly direction operated by a civilian employee of the War Department on official business, to

on United States Highway No. 41 toward a sharp left-hand curve about 3 miles south of Smyrna, Ga., and was following a truck owned by the Mason-Dixon Lines. The weather was clear, and the road was paved and dry. At the same time a 1931 Ford sedan owned and operated by J. F. Hite, Route 1, Smyrna, Ga., 20 years of age, was proceeding from the opposite direction upon the same highway and rounding such curve at an estimated speed of about 30 miles per hour. Mr. Hite had as passengers in his automobile Ruben M. Herren, 48 years of age; Glenn Jay Darby, 17 years of age; and Chester L. Laird, Jr., 25 years of age, all of Route 1, Smyrna, Ga. It appears that just prior to approaching the curve the Government driver pulled over to the left of the center of the road and attempted to pass the truck of the Mason-Dixon Lines which he had been following, but before he could complete such movement his truck was struck by the automobile of Mr. Hite. The impact caused Mr. Hite's car to overturn upon the east side of the highway. As a result of the accident Mr. Hite's car was damaged and he sustained minor personal injuries necessitating medical treatment at a cost of $8. Mr. Darby sustained only minor personal injuries, and Mr. Laird asserts that he sustained a cut on the left side of his face and on his arm, two broken ribs, and contusions and abrasions. Mr. Herren asserts that he sustained a broken nose, a 2-inch cut on his forehead, two fractured ribs on the left side, and a bruise of his left arm and of his right knee. He was taken to the Marietta Hospital, Marietta, Ga., where he received treatment and was later treated at the Veterans Administration Hospital at Atlanta, Ga.

The War Department is opposed to this legislation in that their claim is on the ground that there was contributory negligence on the part of the driver of the civilian car in that he rounded the curve on the highway without keeping to the right of the centerline of the road, this being the statement made by the driver of the Government truck. An affidavit signed by Mr. Herren states that these were not the true facts; that the automobile in which he was riding was on the right side of the highway-that is, on the north side and to the right of the centerline of the road-and the truck which was approaching from the opposite direction was also on the north side of the highway, being on the same side with the civilian car and on the opposite side of the white line that it should have been. The truck had just passed another truck, having overtaken it from the rear, and, being on a curve, could not get back on its right side to avoid the collision. At the point where the automobile met the truck the view of both the driver of the truck and the driver of the civilian car was obscured from the curve in the highway. The truck swerved in an attempt to get back on the right side of the road but struck the civilian car before he could do so. At the point of the collision the pavement was 24 feet in width and in good condition. He also states that his opinion as to the speed of the approaching truck was not less than 45 miles per hour, and the speed of the car in which he was riding was from 30 to 35 miles per hour. The civilian car was knocked approximately 40 feet off the highway and was completely wrecked. Affidavits from other occupants of the car substantiate Mr. Herren's statement, which is included in this report.

Your committee is of the opinion that the collision was caused by the negligence of the Government driver in passing another vehicle at an unreasonable rate of speed and in the curve of a highway; that the claim of Mr. Herren is a just one and he should be compensated; and that from the record the amount of $833.80 is a just and reasonable sum to be paid. Therefore, your committee recommends favorable consideration to the bill. Appended hereto is the report of the War Department, together with other pertinent evidence.

Hon. DAN R. McGEHEE,

WAR DEPARTMENT, Washington, D. C., August 18, 1943.

Chairman, Committee on Claims, House of Representatives.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 2627, Seventy-eighth Congress, a bill which would authorize and direct the Secretary of the Treasury to pay to Ruben M. Herren, of Route 1, Smyrna, Ga., "the sum of $833.80 * * ** in full settlement of all claims against the United

States because of personal injuries, including the value of lost time and hospital and physicians' bills, incurred in a collision with a truck operated by and under the jurisdiction of the Corps of Engineers, War Department, on September 25, 1942, on United States Highway No. 41, in Cobb County, Ga."

It appears that on September 25, 1942, about 8:15 p. m., an Army truck, operated by a civilian employee of the War Department on official business, to which a heavily loaded trailer was attached, was traveling in a southerly direction on United States Highway No. 41 toward a sharp left-hand curve about 3 miles south of Smyrna, Ga., and was following a truck owned by the Mason-Dixon Lines. The weather was clear and the road was paved and dry. At the same time a 1931 Ford sedan, owned and operated by J. F. Hite, Route 1, Smyrna, Ga., 20 years of age, was proceeding from the opposite direction upon the same highway and rounding such curve at an estimated speed of about 30 miles per hour. Mr. Hite had as passengers in his automobile Ruben M. Herren, 48 years of age; Glenn Jay Darby, 17 years of age; and Chester L. Laird, Jr., 25 years of age, all of Route 1, Smyrna, Ga. It appears that just prior to approaching the curve the Government driver pulled over to the left of the center of the road and attempted to pass the truck of the Mason-Dixon Lines which he had been following, but before he could complete such movement his truck was struck by the automobile of Mr. Hite. The impact caused Mr. Hite's car to overturn upon the east side of the highway. As a result of the accident, Mr. Hite's car was damaged and he sustained minor personal injuries necessitating medical treatment at a cost of $8. Mr. Darby sustained only minor personal injuries, and Mr. Laird asserts that he sustained a cut on the left side of his face and on his arm, two broken ribs, and contusions and abrasions. Mr. Herren asserts that he sustained a broken nose, a 2-inch cut on his forehead, two fractured ribs on the left side, and a bruise of his left arm and of his right knee. He was taken to the Marietta Hospital, Marietta, Ga., where he received treatment, and was later treated at the Veterans' Administration Hospital at Atlanta, Ga.

The Army driver stated:

"I am Loyd S. Hays (white), 117 Parker Street NW., Atlanta, Ga. I am a truck driver for the United States Army Engineers, SAD-Equipment Pool, 500 Stewart Avenue SW., Atlanta, Ga.

"On September 25, 1942, I was returning from Tullahoma, Tenn., driving a Government tractor and trailer No. 12675, which was loaded with a caterpillar tractor. The time was 8:15 p. m. I was driving south on the old Marietta highway, Route No. 41. I passed another truck going south and as I pulled back on the right side of the highway a 1931 Ford sedan came around a curve going north and driving in about the center of the highway. When I first saw the car it was about 75 to 100 feet away and had very dim lights. The left wheels of the tractor and trailer I was driving were about on the center white line. The Ford hit my left side striking left front fender, left rear wheel of tractor and left rear wheel of trailer. The Ford turned over on the east side of the highway. I drove off the right side of the highway and stopped about 75 feet from where the collision occurred. William J. Jones, another truck driver traveling with me and an employee of the United States Army Engineers, and I went to where the Ford had turned over. We found four men who were riding in the Ford. All were injured la some way or other. Cobb County officers were called to the scene of the accident. The four men were sent to Marietta, Ga., to the hospital for treatment. "There was a strong odor of alcohol in and about the wrecked car. The officers found a broken beer bottle and also a bottle containing some whisky. After the officers had completed their investigaton I was told to go on to Atlanta, Ga. which I did, and reported the accident to Mr. E. P. Ragan at the equipment pool.' Mr. William J. Jones, a truck driver for the Corps of Engineers, who was riding with the Army driver stated:

"About 3 miles south of Smyrna, Ga., Mr. Hays passed another truck going south in the same direction as we were going. As he passed the truck and was pulling back over to the right side of the highway a 1931 Ford sedan driven by Buster Hite, going north, came around the curve and near the north end of the curve struck the left front fender and the left rear wheel of the tractor and the left side of the trailer. The accident occurred about the center of the highway. The Ford turned over, and Mr. Hays pulled off to the right side of the highway and stopped. We went over to where the Ford was and found four men had been injured. I went to a house nearby and called for an ambulance and the police. The four men were then sent to Marietta, Ga., to the hospital.

"The accident was investigated by Cobb County Officers Strickland and Marler.

"There was a strong odor of alcohol in and about the Ford. There was a broken beer bottle and a bottle containing some whisky, which the officers took with them after the investigation.

"We were told that there were no charges against Mr. Hays. We came on into Atlanta and reported the accident to Mr E. P. Ragan at the equipment pool."

J. F. (Buster) Hite, the driver of the car in which Mr. Herren was riding, in a statement dated September 26, 1942, said:

"On September 25, 1942, about 8:15 p. m., I was returning to my home from the Bungaloes, a drive-in place on the old Marietta Highway, Route 41. I was driving a 1931 Model A Ford, 4-door sedan. I was driving north and was going around a curve at about 25 or 30 miles per hour. As I came out of the north end of the curve I met a Government tractor and trailer, driven by Loyd S. Hays. The Government trailer was coming south. I saw the lights of the truck when I was about 25 or 30 feet away. As it pulled out to pass another truck we collided, striking the left side of my Ford and the truck. The impact caused my car to turn over. There were three other men in the car with me at the time of the accident-Glenn Darby, Luther Laird, and Rube Herren-all of Route No. 1, Smyrna, Ga. My car was demolished and the four of us were injured. We were sent to Marietta, Ga., to the hospital for treatment. I had a cut place on my forehead and was bruised about the arm and legs. There was a white line in center of highway but no yellow line of caution where the wreck occurred. I had my headlights and cowl side lights burning. The driver, Loyd S. Hays, and William J. Jones, who was with Mr. Hays, stopped and remained at the scene of the accident until Cobb County officers arrived and sent the four of us to the hospital."

Glenn J. Darby in a statement dated September 25, 1942, stated: "We were returning from the bungalows about 8:15 p. m., going north. As we had about completed going around a curve we met a truck going south. Just before we got to the truck I saw the light of another truck pull out from behind the front truck. As the front of the second truck, a Government truck, was about middle ways of the trailer of the front truck, the car I was riding in and the Government truck collided. I was knocked out for about 5 or 10 minutes. When I came to I was about 15 feet from the car. In about 15 or 20 minutes the Cobb County deputy sheriff arrived and investigated the accident. Mr. Marler, deputy sheriff, found a bottle containing whisky.

"I was carried to the Marietta Hospital at Marietta, Ga., for treatment, where it was found that I was only slightly injured and was dismissed.

"I would say that we were traveling about 30 miles per hour when the collision occurred."

Chester L. Laird, Jr., in a statement dated September 25, 1942, said:

"As we completed rounding curve we met two trucks following each other and I saw one light of the last truck come out from behind the front truck, and almost immediately afterward the second light (right light) also appeared from behind the front truck and I would say that when the collision occurred the front of the Government truck was about middle ways of the trailer of the front truck. The impact threw me against some object which knocked me unconscious. I was unconscious for about 15 or 20 minutes.

"While at the Bungaloes we purchased 1 quart of beer. I had taken two swallows out of the bottle when the accident occurred. I regained consciousness and was carried to the Marietta Hospital in Marietta, Ga., by Dobbin's ambulance. I remained there until Sunday, September 27, at about 11 a. m. "My injuries consisted of a cut on the left side of my face about 2 inches long, also a cut 2 inches long between the elbow and the wrist. I had two ribs broken on the left side, and skin knocked off my back on the right side about 2 inches from the backbone, about the size of a quarter. I was sitting on the back seat of the Ford, on the left behind the driver, Buster Hite, when the collision occurred. The car I was in was going about 30 miles per hour."

Ruben M. Herren in a statement dated September 25, 1942, said:

"On Friday night, September 25, 1942, at about 8:15 p. m. I had been to the Bungaloes, a drive-in place on the old Marietta Highway, Route No. 41, with three other men, Chester Laird, Jr., Glenn Darby, and Buster Hite. We were returning home, driving north on Route No. 41. As we completed rounding curve we met two trucks following each other, and I saw the light of the last truck come out from behind the front truck, then I saw that we were going to wreck, and I turned my head to the right, and I don't remember anything until after I was in the