ambulance going to Marietta Hospital, and I asked to be carried to 48 Hospital. I was treated at Marietta Hospital and later transferred to the 48 Hospital. "Before the accident I had purchased a half pint of whisky, and Chester Laird took one drink and Mr. Edwards, a filling station operator, and myself, drank most of it, except the part left in the bottle.

"My injuries consist of a broken nose, 2-inch cut in forehead, a severe laceration on left side of my head, two fractured ribs on left side, bruised left arm at elbow, and a bruise on right kneecap."

Dayton Ratliff, driver of the Mason-Dixon Lines, who witnessed the accident, in a statement dated September 25, 1942, stated:

"On September 25, 1942, about 8 p. m., I was driving south on old Marietta Highway, Route No. 41, about 3 miles south of Smyrna, Ga. I saw the reflection of the light of a car following me, and then saw the lights of a car meeting me. The car behind me pulled out to pass. I pulled to the right-hand side of the road, and as the car behind me started to pass, which was a Government truck and trailer, and rear end of trailer was about even with the cab on truck I was driving, met a Ford going north and they had a collision.

"I drove about 100 feet from where the collision occurred. The Government truck drove on about 400 feet to a side road and pulled off the highway. When I first saw the Ford approaching it was about 400 or 500 feet in front of my truck. "On the evening that this accident occurred the weather was fair and visibility good."

H. L. Strickland, deputy sheriff, Cobb County, Ga., stated:

"The truck had been moved quite a distance from where the wreck occurred when I arrived at scene of accident, but from the looks of the Ford the left front fender struck the back of the truck front fender. The injured parties had also been removed to the hospital before we reached the wreck. Therefore it is hard to determine who would be at fault when the parties involved were gone and one or both cars having been moved."

It appears from a drawing of the scene of the accident, made by an officer of the Corps of Engineers, that the civilian car operated by J. F. Hite rounded the curve traveling over the painted center line of the road, that it struck the left side of the trailer attached to the Army truck; and that at the time of the collision the left wheels of the trailer were traveling slightly over the painted center line of the highway.

It appears that Mr. Herren incurred medical expenses as a result of this accident in the amount of $30 as evidenced by a receipted bill in that amount from Dr. M. M. Hagood, Marietta, Ga., dated July 1, 1943. It does not appear that he incurred any hospital expenses. He was admitted as a patient in the Veterans' Administration Hospital, Atlanta, Ga., on October 2, 1942, where he remained until October 16, 1942. He received hospitalization and medical treatment in that institution as a veteran of World War I without charge. Dr. J. H. Hall, ward surgeon, Veterans' Administration Hospital, Atlanta, in a statement dated October 16, 1942, said:

"He (Ruben M. Herren) was found to have a fracture of the nose and lacerations of the forehead and face. Fracture of the left frontal bone and ribs not found. He has been treated for fracture of the nose and lacerations which have all improved and healed with very little disfigurement. Laboratory reports while here are all normal. Respiration, pulse, temperature, and blood pressure normal at time of discharge. Maximum hospital benefit has been attained in this case." The investigating officer found that both drivers were negligent. He stated in his report that

*

"The accident the part of both drivers.

could have been avoided, as there was negligence on

"1. Negligence of Government truck driver: Driver of Government truck passing another truck without having enough clear vision before entering curve.

"The negligence of Government truck driver is minimized by the fact that the portion of the highway where the accident occurred had only the white line and did not have any yellow caution line to indicate that passing another vehicle was not in order. The accident was at night and our drivers observe the yellow caution line at all times.

"2. Negligence of private car: Driving around curve in the center of the highway without clear vision of approaching traffic. In addition, the occupants of the private car were drinking and apparently were not watching where their car was going."

The division engineer, South Atlantic Division, after reviewing the facts in this case, reported on March 13, 1943, that

"The Government driver was not held responsible for the damage to the sedan and occupants. The vehicle was coming around a curve in the center of the road

when a clear view of approaching traffic could not be had. The occupants had been drinking, as established by their own written statements, and while they claim a speed of 30 miles per hour, the way the sedan bounced off the truck and was wrecked indicates a greater speed.'

In another report dated July 2, 1943, the division engineer stated:

"The occupants of the car, by their own admission, had been drinking. The speed of the car cannot be established, but the force of the collision, as borne out by the minor damage to the Government vehicle would have been insufficient to overturn the private car had its speed not been excessive. Under favorable circumstances the amount claimed (in H. R. 2627) would be exorbitant far in excess of any damages suffered, and in view of the actual unfavorable facts the bill is considered entirely without merit by this office."

J. F. Hite, the driver of the civilian car in which Mr. Herren was a passenger, filed a claim with the War Department on November 16, 1942, for $75 for personal injury and $150 for damage to his Ford sedan, which claim was disapproved by the Department on April 29, 1943, on the ground that he was guilty of contributory negligence in that he rounded a curve on the highway without keeping to the right of the painted center line of the road, which negligence defeated his claim.

It is the view of the War Department that, because of the contributory negligence of the claimant's driver, the United States is neither legally nor morally responsible for the accident. Furthermore, even if the Government were solely responsible for the accident, the amount stated in the bill appears to be clearly excessive. The War Department, therefore, is constrained to recommend that the bill be not favorably considered.

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,

FULTON COUNty, Ga.

ROBERT A. LOVETT,
Acting Secretary of War.

Before the undersigned, an attesting officer, came Ruben M. Herren, who being duly sworn on oath says:

At about 8 o'clock p. m. (eastern war time), on September 25, 1942, I was a guest passenger in an automobile owned and operated by James Hite. Deponent was sitting on the front seat next to the driver of the car. On the back seat of the

car were two other guest passengers, Mr. Luther Laird and Mr. Glenn Darby. The automobile was proceeding north out of Atlanta, Ga., in the direction of Marietta, Ga., on United States highway No. 41.

At a point on the highway about 10 miles from Atlanta, and in Cobb County, the car in which deponent was riding approached a curve and just on the curve met an Army truck driven by one Hayes.

The automobile in which deponent was riding was on the right side of the highway; that is, on the north side of the highway, and the truck which was approaching was also on the north side of the highway, and with reference to the said truck was on the left side of the road. The truck had just passed another

truck having overtaken it from the rear.

At the point where the automobile met the truck the view of both the driver of the truck and the driver of the automobile was obscured due to the curve in the highway. And when the driver of the automobile first saw the truck it was too late to turn off of the highway had it been possible to do so. And there was a bank just off the shoulder of the highway.

The truck swerved in an attempt to avoid 'striking the automobile but struck the automobile a glancing blow causing it to run off the highway at the said bank or fill and causing it to turn over and pin deponent under the said automobile.

At the time of the collision referred to it was not quite dark, but both the automobile and the truck had on headlights.

At the point of the collision the pavement was 24 feet in width and in good condition.

Deponent states that the speed of the approaching truck was not less than 45 miles per hour and the speed of the passenger car was around 30 to 35 miles per hour.

The passenger car in which deponent was riding was struck a glancing blow by the passing truck and knocked about 40 feet off the highway and the car turned over. The car was completely wrecked.

Deponent afterward ascertained that the truck was under the jurisdiction of the Corps of Engineers, and was being driven by one Hayes.

After the automobile overturned and pinned deponent underneath the car and after the car was moved from deponent, deponent was carried away for medical treatment of the injuries and disabilities set out in the statement of Dr. Murl M. Haygood, said injuries and disabilities being suffered by deponent. A copy of said statement is hereto attached and marked "Exhibit A," and made a part of this affidavit.

Deponent works as a machine operator for the Southern Spring Bed Co., of Atlanta, Ga., and earns 84 cents per hour. Due to the injuries suffered from the collision above set out deponent lost approximately 7 weeks' work and in time amounting to $235.20. Deponent has paid doctor and hospital bills in amount of $66.10; has paid $7.50 for repairing broken teeth; and has expended $25 in transportation costs to and from doctor's hospital and dentist's offices making an actual monetary loss of $333.80.

In addition this deponent suffered and continues to suffer severe pain and some physical handicap and feels that he should be compensated for his pain, suffering, and physical handicap in the sum of $500.

Deponent makes this affidavit for use as evidence on the hearing in the matter of his claim against the Corps of Engineers of the United States Army and for such other purposes as may be necessary in presenting his claim and proving same as may appear from the record.

FULTON COUNTY, GA.

Before the undersigned, an attesting officer, appeared Ruben M. Herren, who, being duly sworn on oath says the facts contained in the above and foregoing affidavit are true.

Sworn to and subscribed before me this April 27, 1943. [SEAL]

RUBEN M. HERREN.

JOHN R. STROTHER, Notary Public, Georgia, State at Large.

My commission expires January 8, 1947.

FULTON COUNTY, Ga.:

Before the undersigned, an attesting officer, came Glenn Darby, who being duly sworn on oath, says:

On September 25, 1942, at 8 p. m. (eastern wartime), I was a guest passenger in an automobile owned and operated by James Hite. Deponent was sitting on the back seat of said automobile next to Mr. Luther Laird, who was also a guest passenger. On the front seat of the car Ruben M. Herren was seated next to the driver.

The automobile was proceeding north out of Atlanta, Ga., in the direction of Marietta, Ga., on United States Highway No. 41.

At a point on the highway about 10 miles from Atlanta, and in Cobb County, the car in which deponent was riding approached a curve and just on the curve met an Army truck driven by one Hayes.

At the time of the collision the automobile was proceeding along the highway and on the right-hand side thereof with respect to the driver of the automobile and the truck was proceeding along the highway on the left-hand side of the highway with respect to the driver of the truck; that is to say, the driver of the truck was not respecting the rule requiring him to keep to the right and this was in all probability due to the fact that he had overtaken and passed another truck which caused him to drive over on the wrong side of the road.

At the point where the automobile met the truck the view of both the driver of the truck and the driver of the automobile was obscured due to the curve in the highway. And when the driver of the automobile first saw the truck it was too late to turn off of the highway had it been possible to do so. There was a bank just off the shoulder of the highway.

The truck swerved in an attempt to avoid striking the automobile but struck the automobile a glancing blow causing it to turn over and to throw deponent out of the said automobile.

At the time of the collision referred to it was not quite dark, but both the automobile and the truck had on headlights.

At the point of the collision the pavement was 24 feet in width and in good condition.

Deponent states that the speed of the approaching truck was not less than 45 miles per hour and the speed of the passenger car was around 30 to 35 miles per hour.

The passenger car in which deponent was riding was struck a glancing blow by the passing truck and knocked about 40 feet off the highway and the car turned over. The car was completely wrecked.

Deponent makes this affidavit for the purpose of being used as evidence in the claim of Ruben M. Herren against the Corps of Engineer of the United States Army at such time as the hearing of same may be had.

Deponent is not related to Ruben M. Herren and is in no wise interested in the outcome of his claim.

Sworn to and subscribed before me this April 30, 1943.

GLENN DARBY.

J. P. KELLY, Justice of the Peace, Cobb County, Ga.

FULTON COUNty, Ga.:

Before the undersigned, an attesting officer, came Luther Laird, who, being duly sworn on oath, says:

On September 25, 1912, at 8 p. m. (eastern war time), I was a guest passenger in an automobile owned and operated by James Hite. Deponent was sitting on the back seat of said automobile next to Mr. Glenn Darby, who was also a guest passenger. On the front seat of the car Ruben M. Herren was seated next to the driver.

The automobile was proceeding north out of Atlanta, Ga., in the direction of Marietta, Ga., on United States Highway No. 41.

At a point on the highway about 10 miles from Atlanta, and in Cobb County, the car in which deponent was riding approached a curve and just on the curve met an Army truck driven by one Hayes.

At the time of the collision, the automobile was proceeding along the highway and on the right-hand side thereof with respect to the driver of the automobile and the truck was proceeding along the highway on the left-hand side of the highway with respect to the driver of the truck, that is to say, the driver of the truck was not respecting the rule requiring him to keep to the right and this was in all probability due to the fact that he had overtaken and passed another truck which caused him to drive over on the wrong side of the road.

At the point where the automobile met the truck the view of both the driver of the truck and the driver of the automobile was obscured due to the curve in the highway. And when the driver of the automobile first saw the truck it was too late to turn off of the highway had it been possible to do so. There was a bank just off the shoulder of the highway.

The truck swerved in an attempt to avoid striking the automobile but struck the automobile a glancing blow causing it to turn over and to throw deponent out of the said automobile.

At the time of the collision referred to, it was not quite dark, but both the automobile and the truck had on headlights.

At the point of the collision the pavement was 24 feet in width and in good condition.

Deponent states that the speed of the approaching truck was not less than 45 miles per hour and the speed of the passenger car was around 30 to 35 miles per hour.

The passenger car in which deponent was riding was struck a glancing blow by the passing truck and knocked about 40 feet off the highway and the car turned over. The car was completely wrekced.

Deponent makes this affidavit for the purpose of being used as evidence in the claim of Ruben M. Herren against the Corps of Engineers of the United States Army at such time as the hearing of same may be had.

Deponent is not related to Ruben M. Herren and is in nowise interested in the outcome of his claim.

Sworn to and subscribed before me this April 30, 1943.

LUTHER LAird.

J. P. KELLY,

Justice of the Peace, Cobb County, Ga.

EXHIBIT A

MARIETTA, GA., October 8, 1942.

To Whom It May Concern:

At Mr. Rube Herren's request, I am enclosing a report of his injuries which he received on September 25, 1942, in an automobile accident on the MariettaAtlanta Highway.

On admission to the Marietta Hospital he was in a semiconscious condition and bleeding profusely from his forehead and nose. He was placed in a shock-bed and treated for shock. Examination revealed several irregular lacerations of the forehead; 2-inch laceration of the left forehead extending through the eyebrow and upper left eyelid; compound fracture of nose and contusions of his left chest and sternum.

On recovery from shock, hemorrhage was controlled by sutures, and lacerations were cleansed, sutured, and dressed. On September 26, 1942, he had a severe nose bleeding and coughed up a quantity of dark blood. Signs of traumatic pneumonia developed on September 27, 1942, with a temperature of 103° and coughing up more dark blood and sputum. He was placed on sulfathiazole orally and the pneumonic process gradually subsided. On September 30, 1942, he had a severe hemorrhage of the left frontus sinus and nose.

On October 3, 1942, he was transferred to the United States Veterans' Hospital for further observation and treatment.

Diagnosis: (1) Compound fracture of nose, (2) several lacerations of forehead, (3) fractures of fifth and sixth ribs of left side, (4) linear fracture of left frontal bone.

Any further information will be furnished gladly.

Respectfully,

MURL M. HAGOOD, M. D.

Duplicate copy of letter sent to insurance company on October 8, 1942.

FULTON COUNTY, Ga.

Before the undersigned, an attesting officer, came James F. Hite, who, being duly sworn on oath, says:

On September 25, 1942, at 8 p. m. (eastern war time), I was the driver of an automobile owned and operated by me. Ruben M. Herren, a guest passenger, was seated in the automobile on the front seat next to me. On the back seat of the said car were two other guest passengers, Mr. Luther Laird and Mr. Glenn Darby.

The automobile was proceeding north out of Atlanta, Ga., in the direction of Marietta, Ga., on United States Highway No. 41.

At a point on the highway about 10 miles from Atlanta, and in Cobb County, the car in which deponent was riding approached a curve and just on the curve met an Army truck driven by one Hayes.

At the time of the collision the automobile was proceeding along the highway and on the right-hand side thereof with respect to the driver of the automobile and the truck was proceeding along the highway on the left-hand side of the highway with respect to the driver of the truck, that is to say, the driver of the truck was not respecting the rule requiring him to keep to the right and this was in all probability due to the fact that he had overtaken and passed another truck which caused him to drive over on the wrong side of the road.

At the point where the automobile met the truck the view of both the driver of the truck and the driver of the automobile was obscured due to the curve in the highway. And when the driver of the automobile first saw the truck it was too late to turn off of the highway had it been possible to do so. bank just off the shoulder of the highway.

There was a

The truck swerved in an attempt to avoid striking the automobile but struck the automobile a glancing blow causing it to turn over.

At the time of the collision referred to it was not quite dark, but both the automobile and the truck had on headlights.

At the point of the collision the pavement was 24 feet in width and in good con

dition.

Deponent states that the speed of the approaching truck was not less than 45 miles per hour and the speed of the passenger car was around 30 to 35 miles per

hour.

The passenger car in which deponent was riding was struck a glancing blow by the passing truck and knocked about 40 feet off the highway and the car turned over. The car was completely wrecked.