MRS. C. A. LEE, ADMINISTRATRIX OF THE ESTATE OF ROSS LEE, DECEASED

FEBRUARY 9, 1945.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 941]

The Committee on Claims, to whom was referred the bill (H. R. 941) for the relief of Mrs. C. A. Lee, administratrix of the estate of Ross Lee, deceased, having considered the same, report favorably thereon with amendments and recommend that the bill as amended

do pass.

The amendments are as follows:

Page 1, line 7, strike out "$10,000. Such sum shall be in full settlement of all claims against the United States for all loss and damages sustained by her on account of injuries sustained by the death of said Ross Lee, who was fatally injured in an accident by a United States owned truck (Civilian Conservation Corps) on October 9, 1937, between Reliance and Ivy, Tennessee", and insert in lieu thereof:

$5,500, in full settlement of all claims against the United States for, and expenses incident to, the death of the said Ross Lee, who was killed by a United States Civilian Conservation Corps truck, driven by Archie Carroll, an enrollee, between Reliance and Ivy, Tennessee, on October 9, 1937.

SEC. 2. Payment shall not be made under this Act until the claimant has released all claims and judgment against the said Archie Carroll, in a manner satisfactory to the Secretary of the Treasury:

Amend title so as to read:

A bill for the relief of Mrs. C. A. Lee, administratrix of the estate of Ross Lee, deceased.

A similar bill was favorably reported by this committee in the Seventy-eighth Congress and passed the House, but no action taken by the Senate before final adjournment.

The facts will be found fully set forth in House Report No. 156, Seventy-eighth Congress, which is appended hereto and made a part of this report.

[H. Rept. No. 156, 78th Cong., 1st sess.]

The purpose of the proposed legislation is to pay to Mrs. C. A. Lee, administratrix of the estate of her deceased son, Ross Lee, the sum of $5,500 in full settlement of all claims against the United States for, and expenses incident to, the death of the said Ross Lee, who was killed by a United States Civilian Conservation Corps truck driven by Archie Carroll, an enrollee, between Reliance and Ivy, Tenn., on October 9, 1937.

STATEMENT OF FACTS

On October 9, 1937, at about 11:30 p. m., a Government truck on official business in connection with Civilian Conservation Corps activities, operated by Archie Carroll, was proceeding in a northerly direction between Reliance and Ivy, Tenn., and about 1 mile south of Reliance, at a speed of 10 to 12 miles per hour. The road was of dirt construction, and at the point of the accident was about 12 feet wide, exclusive of shoulders, and about 15 feet wide including the shoulders. The night was extremely dark. The road was wet from a recent rain, and the shoulders were soft. The Government driver had been instructed to drive to his extreme right and stop whenever he saw traffic approaching, and, therefore, when on rounding a curve he observed lights of an approaching car, he drove to his right and onto the shoulder of the road preparatory to stopping to allow the vehicle to pass. Partially blinded, however, by the lights of the oncoming car, he drove too far to the right and, the soft shoulder of the road giving way, the truck overturned and fell down an embankment, thereby causing injuries to Ross Lee, an occupant of the truck, which on October 31, 1937, resulted in his death.

At the time of the accident the truck was transporting 15 Civilian Conservation Corps enrollees from a recreational trip to Etowah, Tenn., to their camp at Ivy, Tenn. Ross Lee, the deceased, who was a student at Hiwassee College, Madisonville, Tenn., boarded the truck at Etowah en route to his home at Ivy. Apparently he was riding on the truck without the knowledge or consent of the educational adviser in charge of the vehicle. He was in no way connected with the Civilian Conservation Corps or any other Government activity. However, before his death, he stated that he had been given permission to ride on the truck, and this is borne out by the transcript of testimony taken in the suit hereinafter referred to. The affidavits of Civilian Conservation Corps enrollees who were also riding on the truck state that while the rules of the camp prohibit the riding of civilians on such trucks, nevertheless the rules were not strictly enforced and civilians were from time to time permitted to ride, and that it would have been impossible for an outsider to ride without being observed by one of the officers, as it was the duty of the officers to check the enrollees as they left and came aboard. The claimant, mother of the deceased, was appointed administratrix of his estate, and filed suit against Archie Carroll, driver of the truck, in the circuit court of Polk County, Tenn. At the request of the War Department, the United States attorney for the eastern district of Tennessee was assigned to defend Carroll. The case was tried, and on November 20, 1941, the jury returned a verdict for the plaintiff in the sum of $10,000. Motion for new trial was denied, and an appeal was taken to the court of appeals of the State of Kentucky, which affirmed the judgment of the lower court.

The bill was introduced for $10,000, and your committee has amended it to $5,500, and feel that the claim is meritorious and just, and recommend favorable consideration to the proposed legislation.

Appended hereto are the report of the War Department and other pertinent evidence in connection with the claim.

Hon. DAN R. McGEHEE,

Chairman, Committee on Claims,

WAR DEPARTMENT, Washington, March 24, 1942.

House of Representatives, Washington, D. C.

DEAR MR. MCGEHEE: Careful consideration has been given to the bill H. R. 2565, Seventy-seventh Congress, first session, for the relief of Mrs. C. A. Lee, which you transmitted to the War Department, under date of February 25, 1942, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Mrs. C. A. Lee, of Ivy, Tenn., administratrix of the estate of her deceased son, Ross Lee, the sum of $10,000 in full settlement of all claims against the United States for all loss and damages sutained by her on account of injuries sustained by the death of said

Ross Lee, who was fatally injured in an accident involving a Civilian Conservation Corps truck on October 9, 1937, between Reliance and Ivy, Tenn.

On October 9, 1937, at about 11:30 p. m., a Government truck on official business in connection with Civilian Conservation Corps activities, operated by an enrollee of the said corps, was preceding in a northerly direction on Spring Town-Reliance Forest Road, about 1 mile south of Reliance, Tenn., at a speed of 10 to 12 miles per hour. The road in question was of dirt construction, and at the point of the accident was about 12 feet wide, exclusive of shoulders, and about 15 feet wide including the shoulders. The night was extremely dark. The road was wet from a recent rain, and the shoulders were soft. It appears that the Government driver had been instructed to drive to his extreme right and stop whenever he saw traffic approaching, and, therefore, when on rounding a curve he observed the lights of an approaching car, he drove to his right and onto the shoulder of the road preparatory to stopping to allow the vehicle to pass. Partially blinded, however, by the lights of the oncoming car, he drove too far to the right and, the soft shoulder of the road giving way, the truck overturned and fell down an embankment, thereby causing injuries to Ross Lee, an occupant of the truck, which on October 31, 1937, resulted in his death.

At the time of the accident, the truck in question was being used for the transportation of 15 Civilian Conservation Corps enrollees, who had been taken on a recreational trip to Etowah, Tenn., and were then being returned to their camp at Ivy, Tenn. Mr. Lee, who was a student at Hiwassee College, Madisonville, Tenn., boarded the truck at Etowah prior to its departure for Ivy, and was en route to his home near Ivy. According to the evidence of record in the case in the War Department, Mr. Lee was riding on the Government truck without the knowledge or consent of the educational adviser in charge of the Government vehicle, or that of any of the enrollee passengers (although he was slightly known by some of them). He was in no way connected with the Civilian Conservation Corps or any other Government activity. The evidence before the War Department further establishes that two or three of the enrollee passengers observed an apparent stranger on the truck after it left Etowah, but believed him to be a new member, especially since this person, later found to be Ross Lee, was wearing clothing resembling that of an enrollee, and his presence in the Government vehicle was not definitely established until after the accident.

In an affidavit dated January 27, 1938, Mrs. C. A. Lee, the mother of Ross Lee, stated that she was present when her son Ross Lee, made a statement before his death that he had permission from the Civilian Conservation Corps boys to ride the truck from Etowah to his home near Ivy, Tenn., on the night of the accident.

A claim was filed with the War Department by Mrs. C. A. Lee for the death of her son, Ross Lee, in the amount of $15,000, supported by bills for medical and hospital expenses totaling $804.70.

Upon review, the claim was disapproved, it being the view of the War Department that the evidence of record wholly failed to establish the fact that the accident was due to any negligence on the part of any officer or employee of the Government, a condition precedent and necessary to be met to bring the claim within the provisions of the only act available to the Department for the settlement of claims of this nature arising out of Civilian Conservation Corps activities, which act, moreover, in no event permits the settlement of a claim for other than actual medical and hospital expenses incident to personal injuries, and then only in an amount not in excess of $500.

Mrs. C. A. Lee, having been appointed administratrix of the estate of her deceased son, filed suit against the driver of the Government vehicle in the circuit court for Polk County, Tennessee. At the request of the War Department, the Department of Justice instructed the United States attorney for the Eastern District of Tennessee to defend him. The case was tried, and on November 20, 1941, the jury returned a verdict for the plaintiff in the sum of $10,000. A motion for a new trial was denied on December 8, 1941. The matter is now pending on appeal which was taken to the court of appeals of the State of Kentucky.

In view of the fact that the above-mentioned litigation when concluded may develop factual or legal phases of this case which may be helpful to the War Department in ultimately determining the merits of the bill in question, the War Department prefers to make no recommendation either for or against the proposed legislation at the present time.

Under dates of April 25, 1938, and October 4, 1939, unfavorable reports were made on H. R. 9654, Seventy-fifth Congress, third session, and H. R. 1527 Seventy-sixth Congress, first session, respectively, similar bills for the relief of Mrs. C. A. Lee.

Sincerely yours,

STATE OF TENNESSEE,

County of Monroe:

HENRY L. STIMSON,
Secretary of War.

Personally appeared before me, the undersigned authority, duly commissioned and qualified to administer oaths in the State of Tennessee, Mrs. C. A. Lee, of Ivy, Tenn., to me well known, who being duly sworn according to law, deposes as follows:

"I am the mother of Ross Lee, deceased, and administratrix of his estate. I am the same Mrs. C. A. Lee who filed suit in the circuit court of Polk County, Tenn., against Archie Carroll, the driver of the Civilian Conservation Corps truck in which my said son was riding at the time he was fatally injured, in which case I recovered a verdict for $10,000. I am 52 years of age and reside at Ivy,' Tenn., which is a rural post office near which was located the Civilian Conservation Corps camp where the truck driver Archie Carroll was stationed.

"I know the road well upon which the accident occurred in which my son was fatally injured. Although it is a mountain road it was wide, well graded, and had a graveled or chert surface. I traveled over it that night on the way to the hospital. According to the sworn proof at the trial the truck driver, Archie Carroll, was not involved in any collision with any other vehicle but carelessly and negligently drove his truck too far to the right on the soft shoulder of the road for a considerable distance and finally ran off the bank, overturning and injuring my said son.

"My son, Ross Lee, was a strong, able-bodied young man, 20 years of age, intelligent and ambitious. At the time of his death he was a student at Hiwassee College, where he was preparing himself for a career as teacher. On October 9, 1937, he was coming home from college on a visit and reached Etowah, which is several miles from our home. There is no public conveyance from Etowah to our home, and my son told me that he obtained permission to ride home on the Civilian Conservation Corps truck. He repeated to me several times that he had permission to ride and was not a trespasser on the truck, and that the driver and the educational director, as well as a number of the boys on the truck, knew him well. Among this number he named specifically the driver, Archie Carroll, who gave him permission to ride, Huffman Ingram, Eugene Gound, Charles Cisco, Robert Dorris, who was the first sergeant on the truck, Chester Griffith, and Frank Harris, who was the educational director on the truck. I was at his bedside constantly from October 9 to October 31, when he died, and could not leave to obtain further information or attend some sort of hearing, which later I understood they had at the camp, because of the critical condition of my son. He had been removed from the scene of the accident to a hospital in Etowah, Tenn. His neck was broken and he suffered great physical pain. He realized, and was conscious of the fact, that he could not recover, and that he was going to die. The statements he made to me were made with the knowledge that he was going to die.

"I know of my own personal knowledge that Frank Harris, who was the educational director on this truck, knew Ross Lee well. I did the laundry for Frank Harris, and Frank Harris always brought the laundry to my house and came after it. On these occasions he would come into the house and talk and visit with us and with my son, Ross Lee, and I know that they were well acquainted. Archie Carroll, who was the driver of the truck, was well acquainted not only with Ross Lee but with my entire family. He knew him well and had known him for a considerable length of time. I also know of my own personal knowledge_that Robert Dorris, the first sergeant on the truck, who sat very close to my son, Ross, on the night of the accident, was well acquaninted with my son, Ross Lee, because the said Robert Dorris had visited in my home on many occasions, and it is inconceivable that he would not have known Ross anywhere or under any circumstances. I make this same statement with reference to Archie Carroll, the truck driver, and Frank Harris, the educational director. I was not permitted to testify to these matters at the trial of the case on the rule of hearsay evidence. I do know that my son did not get on the truck without authority and permission and an invitation from whomever was in charge. I know the witness, Harrison