4. Mrs. Lula Allbritton, who was a passenger in the front seat of Mrs. Justice's car, was interviewed, and her affidavit is in the files. In this statement Mrs. Allbritton stated the automobile was severely bumped by the parcel-post truck, and Mrs. Justice was completely knocked out while she herself was blinded for a minute or two after the impact. Mrs. Allbritton claimed she became so nauseated after the accident she had to throw up. Mrs. Allbritton claimed Mrs. Justice gave the proper signal to show she intended to make a left turn into a parking space, and that since the truck driver failed to heed this signal, she believed he was guilty of negligence and entirely to blame for the accident. Mrs. Allbritton stated she believed Mrs. Justice was entitled to be reimbursed for her doctor and hospital bills caused by this accident.

5. Mrs. Fred R. Coney was interviewed and stated she was in her car, which was parked on the first space on Capitol Street just east of Lamar Street, and the accident in question happened just back of her car; that she did not see the accident but was talking with Police Officer Paul Stribling at the time, and when they heard the bump caused by the impact they both looked around to see the cause. Mrs. Coney stated she saw no evidence of an injury to any of the occupants of the car nor did any one of them appear to have been stunned. She described the impact as very slight, and stated it was not severe enough to have caused injury to any occupant of either vehicle. Mrs. Coney is a disinterested witness, and it is believed full credence should be given to her statement with reference to the severity of the accident.

6. Mr. G. E. Pritchard, traffic investigation officer, was interviewed and furnished me the information shown on his report of the accident. According to this report, there was no evidence to show the impact was severe; that the bumpers Idid not show any scratches and there was no dirt on the street to indicate the impact was severe anough to dislodge accumulated dirt from under the fenders. Officer Pritchard stated his report showed no damage to either vehicle and no injury to any occupant thereof; that Mrs. Justice complained of an old back injury but he did not see any signs to indicate the impact was severe enough to have caused it. Officer Pritchard stated his report showed the vehicles were probably making a speed of about 10 miles per hour as they had both just passed the street intersection when they came together. The officer claimed his report did not disclose negligence on the part of the city carrier who was driving the truck, and that the accident was considered one which was not avoidable on a street having as heavy traffic as that on Capitol, where cars are operated so close together. Inquiry of Officer Pritchard disclosed that Mr. Stribling is now at Camp Blanding, in Florida, with the Mississippi National Guard. Since Officer Pritchard prepared the report of the accident, it was not considered necessary to interview other officers.

7. City Carrier Robert L. Moman was interviewed and stated he could add nothing to his report of the accident; that he stopped his truck as promptly as he could and if Mrs. Justice gave the prope hand signal to show she was going to stop, he did not see her do so. Carrier Moman has a good record and has been driving a parcel-post truck for a number of years. He is considered to be a good driver and has not been involved in accidents in the past to indicate he is careless. The carrier stated his brakes were in good condition and the accident was due to the very sudden stop made by Mrs. Justice in order that she could park in a space being vacated by a car just ahead of her; that Mrs. Justice had to stop a few cars lengths behind in order for the car to back out. Carrier Moman stated he did not make an immediate written report of the accident as he called the asstant superintendent of mails by telephone and that official came to the scene of the accident to make an investigation.

8. Mr. John B. Murray, assistant superintendent of mails, was interviewed and stated his investigation disclosed no damage was done to the parcel-post truck or the car belonging to Mrs. Justice; that no scratches could be found on the bumpers of the vehicles and the impact was not of sufficient force to engage the bumpers: that he did not observe Mrs. Justice was in pain after the accident and this opinion was expressed by the police officers who were at the scene of the accident. Mr. Murray explained that he did not consider an accident report was necessary in the case since an investigation was made by police officers but his attention was called to the necessity for the making of such reports promptly, regardless of the seriousness of the accidents. Mr. Murray stated he made the accident report on September 12, and had Carrier Moman also prepare a statement on that date, as Mr. Justice came to the office to report the alleged serious injury to his wife. Mr. Murray stated he was berated by Mr. Justice for protecting a Negro, when he tried to explain the carrier was not at fault and that

Mr. Justice also cursed the police officers who made the investigation of the accident.

9. Mr. A. C. Griffin, postmaster at Jackson, Miss., stated he discussed the accident with Mr. Justice and from the information he thus obtained, and that furnished by Mr. Murray and Carrier Moman, he arrived at the conclusion Mrs. Justice was not injured by the parcel-post truck bumping her car.

Dr.

10. Dr. J. D. Wadlington was interviewed and furnished the information that Mrs. Justice was operated on about 5 years ago for fixation of sacroiliac, a bone graft to join the pelvic bone to the spine; that she was in bed for 4 or 5 months and had been almost an invalid since that time. Dr. Wadlington also stated Mrs. Justice had her female organs removed at the time this operation was performed. With regard to the extent of Mrs. Justice's injuries as a result of the accident, Dr. Wadlington stated his examination and those made by Drs. Blake and Ainsworth, as well as the X-ray pictures, failed to disclose any broken bones or that the prior bone graft had been injured in any way; that when he was called to administer to Mrs. Justice, he found her suffering to a considerable extent but could not at that time determine whether it was a result of an injury or a mental condition caused by the shock; that he decided to have her taken to the hospital for an examination and that night about 10 o'clock the night nurse called him to come to the hospital at once as Mrs. Justice was dying. Wadlington stated he found Mrs. Justice almost in a coma but at the time could not determine the cause, however, he later decided it was due to the reaction to a sedative he left for the nurse to administer. According to Dr. Wadlington's statement, his bill for services rendered to Mrs. Justice after the accident amounted to $92, which did not include the fees of the two specialists called in for consultation. Dr. Wadlington furnished the information that Mrs. Justice first complained of her back hurting and he believed she might have caused some injury to the old operation by having herself braced against the clutch and brake pedals at the time of the accident but later developments indicated her chest was possibly injured by being thrown against the steering wheel. Dr. Wadlington was very cooperative during the interview and did not appear to be furnishing information to prove the accident was actually injurious to Mrs. Justice. His answers to questions asked him indicated he believed she had not suffered as greatly as she tried to make it appear.

11. Dr. Thomas H. Blake was interviewed and stated he made no detailed examination of Mrs. Justice and the examination he made did not indicate any bone injury; that he did not make any record of the case and therefore could not furnish the date his examination was made. Dr. Blake is a specialist in bone and joint surgery but did not perform the operation on Mrs. Justice. This operation was performed by Dr. Frank Hagaman, who is now dead. Dr. Blake received $10 as consultation fee for his examination of Mrs. Justice.

12. Dr. Temple Ainsworth stated he examined Mrs. Justice on October 11, 1940, and found some inflammation of the bladder neck which was not due to any injury. Dr. Ainsworth is a specialist in diseases of the kidneys and bladder, and his charge for the examination of Mrs. Justice was $20.

13. Inquiry at the Baptist Hospital disclosed Mrs. Justice was admitted there on September 6 and remained 4 days; that she was admitted again on September 20 and remained 6 days and was admitted again on October 11 and remained for 2 days. Hospital bills submitted by Mrs. Justice covering these three visits show she paid a total of $116.25.

14. An affidavit obtained from Mrs. Justice is in the files in which it is shown that the accident was caused by the parcel-post carrier failing to heed her signal for a left turn which caused him to bump into her car. Mrs. Justice claimed she had not come to a complete stop at the time of the impact, which she described as terrific, and she estimated she was moving about 10 or 15 miles per hour at the time her car was hit. According to Mrs. Justice's statement, she was injured in her back and right chest; that her back was restored to normal by treatments she received, but her chest was still sore and she was short of breath. She also stated her right arm from the shoulder to elbow was so sore at times she could not use her right arm and was incapacitated to such an extent she could not perform household tasks; however, she claimed to have employed a servant prior to the accident and stated she had never performed many household tasks. Mrs. Justice could not explain how she was injured as she claimed she was stunned and did not know just what occurred; however, she believed she was thrown against the steering wheel by the impact, which caused the chest, shoulder, and arm injury. Mrs. Justice had obtained bills for various amounts she had expended

and these will be found in the files. The items and amounts expended are listed below as follows:

Dr. J. E. Wadlington, Florence, Miss..
Baldwin Funeral Home, ambulance trip..
Grace Hearn, private nurse while in hospital.
Mary Dew, private nurse while in hospital.
Dr. T. H. Blake..

Dr. Temple Ainsworth.
The Diagnostic Clinic_
Baptist Hospital (3 bills)
Medicine..

Subtotal...

Board and pay of practical nurse at my home..........
Loss of commissions of my husband during my illness--

Total_____

$92.00

5. 08

6.00

27.00

10. 00

20.00

24.00 116. 25 4.50

304. 83

80.00

250.00

634. 83

15. It will be noted that no receipt was obtained for the amounts paid practical nurses and their board, after Mrs. Justice returned to her home, but she explained later the persons employed were not all nurses; that she had to keep someone in the house while her husband was away from home and she hired various persons for this purpose, but did not keep any record of the amounts paid or the dates they were employed. The last item involved commissions Mr. Justice is alleged to have lost because of his absence from his business as an automobile salesman and of course is not a proper item to include in a case of this kind. Dr. J. E. McDill who operates the diagnostic clinic, is with the Mississippi National Guard and was not interviewed with reference to the treatments received by Mrs. Justice.

16. From the information obtained as a result of this investigation it appears that Mrs. Justice does not have a legitimate claim against the Government as a result of this accident. The investigation disclosed beyond a doubt that the impact was not of sufficient force to have injured a person whose physical condition was such as to withstand the ordinary hazards involved in operating an automobile. During the interview with Mrs. Justice, she tried to impress me with the suffering she had undergone and took short breaths and held her chest in her efforts to prove she was still suffering. Mrs. Justice claimed the investigators of the accident sided with a Negro and had believed his statements instead of hers. She stated her husband had expressed his views in this regard to the assistant superintendent of mails and also to Officer Stribling, since the accident. Mrs. Justice seemed to believe her claim against the Government for the alleged injury was more just, because a Negro was driving the parcel post truck. In view of the facts disclosed by this investigation, it is recommended that the claim of Mrs. Justice be denied. In the event the claim is paid, it is believed the sum of $304.83 correctly represents the amount which Mrs. Justice has expended in her effort to prove she was injured in the accident.

A. T. MONROE, Jr.,
Post Office Inspector.

JACKSON, MISs., June 3, 1941.

On September 6, 1940, I was riding in the car with Mrs. W. V. Justice, going east on Capitol Street. We noticed a car backing out some distance up the street and Mrs. Justice held her hand out to signify intentions of parking and gradually decreasing speed but, before she could park, the car was hit in the rear by a United States mail truck with such force Mrs. Justice was thrown over on the steering wheel and was rendered unconscious for a short time. She was unable to move the car into the curb unassisted.

As an eye witness I hereby testify that the accident and resulting injury to Mrs. Justice was the negligence of the Government employee and entirely his fault. MRS. LULA ALLBRITTON.

Sworn before me this 3d day of June 1941, the above-signed Mrs. Lula Allbritton.

[SEAL]

My Commission expires July 2, 1944.

IRLINE COEN,
Notary Public.

JACKSON, MISS., June 3, 1941.

On September 6, 1940, I was riding on the rear seat of the automobile driven by Mrs. W. V. Justice proceeding east on Capitol Street; we saw a car backing out several cars up the street; Mrs. Justice held out her hand, gradually slowing speed but just before reaching the vacant space the car was hit with terriffic force in the rear. Mrs. Justice was thrown forward on the steering wheel receiving severe injury to her chest and right shoulder.

Being an eyewitness, I hereby testify that Mrs. Justice did give proper signal and it was the entire fault of the Government employee that the accident occurred resulting in above-mentioned injury to Mrs. Justice.

Mrs. PRICE ALBRITTON.

Personally appeared before me and sworn the above signed Mrs. Price Albritton, this the 3d day of June 1941.

[SEAL]

My commission expires July 2, 1944.

IRLINE COEN, Notary Public.

JACKSON, MIss., June 3, 1941. On September 6, 1940, I was driving east on Capitol Street accompanied by Mrs. Lula Albritton and Mrs. Price Albritton. Just after crossing Lamar Street, which intersects Capitol Street, I saw a car backing out of a parking space some distance up the street. I immediately held out my hand indicating my intentions of parking, slowing speed gradually but, before I had time to carry out my intentions of parking, my car was hit from the rear by a United States mail truck with such force I was thrown against the steering wheel and was completely stunned. A few hours later I was taken to the hospital by advice of Dr. J. E. Wadlington who had been called in. I was seriously ill and was returned to the Baptist Hospital two times in the weeks following the accident. to my bed 8 weeks and most of the time for 2 weeks afterward.

I was confined

The only statement made in my presence by Robert L. Momon, driver of the truck was "The car was just going along, then I just hit it." I honestly and sincerely believe the driver of the truck to be entirely at fault for the accident and injury sustained by me of which I have not fully recovered.

Mrs. W. V. JUSTICE.

Sworn before me this 3d day of June 1941, the above-named Mrs. W. V. Justice. [SEAL] IRLINE COEN, Notary Public.

My commission expires July 2, 1944.

ITEMIZED STATEMENT OF PART OF THE EXPENSE CAUSED BY INJURY RECEIVED IN

The above bills are true and correct to the best of my knowledge.

Mrs. W. V. JUSTICE.

Personally appeared before me Mrs. W. V. Justice who signed the above state

ment as being true and correct to the best of her knowledge.

[SEAL]

(My commission expires July 2, 1944.)

H. Repts., 79-1, vol. 1——43

IRLINE COEN, Notary Public.

Mrs. W. V. Justice:

Statement from the Diagnostic Clinic

JACKSON, MISS., September 24, 1940.

$24

Diathermy-Sept. 20, a. m. and p. m.; 21, a. m. and p. m.; 22, 23, 24, 258 diathermy treatments at $3_.

HINDS COUNTY DISTRICT NURSES ASSOCIATION,
JACKSON, MISS., September 10, 1940.

Mrs. W. V. Justice in account with Miss Mary Dew, R. N.

DR. J. E. WADINGTON, Florence, Miss., Nov. 22, 1940.

Mr. W. U. Justice, 276 South Prentiss Street, Jackson, Miss. Professional services rendered Mrs. W. U. Justice for September, October, and November, $92.