"Q. Describe what took place then.-A. After we headed back, just this side of Big Piney Road, we noted some people in the field so we stopped, as we didn't have any matches and decided to ask the civilians for some. We got them and the civilians started commenting about the peep and I offered them a ride to the town. We unloaded two empty DR-5 reels and an RL-31 to make room for the civilians. Then we started back to Big Piney Road and started south to Big Piney to get something to eat. "Q. How many passengers were there?-A. Two civilians, and three soldiers. * * * * * "Q. Did Captain Moore tell you to go to Big Piney?—A. No sir. "Q. How fast were you going on Big Piney Road before the accident?A. About 40 miles per hour. "Q. How fast were you going at the time of the accident?—A. About 30 or 40 miles per hour. "Q. Where was the peep in relation to the road?—A. On the right side of the road. "Q. Where was the column?-A. The motorcycles were a little on our side of the road, making our driver swing to the right. "Q. When he turned the wheel, did he give it a sharp twist?-A. I don't know." The driver of the Army reconnaissance car, on August 13, 1942, gave the following testimony: "Q. How old are you?-A. Nineteen. "Q. What were your instructions?-A. Just to take the sergeant where he wanted to go. "Q. Where did you go?-A. First we went on Big Piney and then turned left on 121. * * * * * "Q. State what the conversation was between you and the civilians.-A. Just about the peep. "Q. What did they want to know about it?-A. Just general questions. "Q. Did they ask for a ride or did someone offer them a ride?—Â. I don't know. "Q. How come you only took two of them?-A. Two of the youngest wanted a ride. "Q. Had you been authorized to go to Big Piney and get something to eat?-A. Not that I know of. "Q. What did you do after you picked them up?-A. Proceeded up Big Piney Road and headed south. "Q. Then what happened?—A. Going down the road, around a curve, I don't know just where it was, I spotted motorcycles coming in column over the hill and I cut her over to the right and started flipping. "Q. What was your estimate of the speed?-A. Between 30 and 40 miles per hour. "Q. Do you recall that you applied the brakes?-A. No, sir. "Q. What was the maximum speed limit?-A. 35 miles per hour. "Q. You were instructed as such? A. Yes, sir. "Q. Prior to the accident were you going over 35 miles per hour?-A. Yes, sir. "Q. At the time that you went over the hill, were you going between 35 and 40 or 45 miles per hour?-A. I wouldn't commit myself." On August 14, 1942, Ansel Adkins testified before the board of officers as follows: "Q. Do you live with your parents?-A. Yes; with my mother and the rest of the family. "Q. Your father is away working? A. Yes sir. "Q. On March 11, do you recall what time the three soldiers drove up in a peep? A. I don't know what time it was. "Q. Who was present with you at that time?-A. My mother, my brother Dale, and Harry Steward. "Q. Was there some conversation between you and the three soldiers about taking a trip with them?-A. I don't know. "Q. Did they invite you to go to Big Piney?-A. Yes; they asked us three or four times and I kept on hesitating about going and I asked Harry to go and he said that he would if I went so I made up my mind. "Q. You and Harry got in the back and the three soldiers in the front and then you started on the road toward Big Piney, is that right?--A. Yes. "Q. About what speed did the peep travel?-A. I'm not positive how fast it was going. Once I got a glimpse of the speedometer and it was about 60 miles per hour. "Q. Do you recall the accident that day?-A. What do you mean? "Q. Do you remember just where this accident happened?-A. Just about half way between my house and Big Piney. "Q. You were going over the crest of a hill, were you not?—A. Just starting over. "Q. Tell us what you remember of the accident.-A. Motorcycles were coming up the hill and as we started down the driver of the peep put on the brakes and swung to the right to avoid hitting them. "Q. The peep turned over?-A. Yes. "Q. Do you know how fast it was traveling at the time of the accident?-A. It was going about as fast as it would go. "Q. Did he put on the brakes and go to the right?-A. Yes. "Q. Were you injured?-A. Yes. "Q. What were your injuries?—A. Hurt my pelvic bone and also my shoulder. I couldn't use it for a week or two and my ankle was also injured. "Q. Any injuries to your head?—A. There were about three cuts in back and two pretty bad cuts in the front. * * "Q. How long were you in bed?-A. About 6 weeks. "Q. There was someone there to turn you over in bed, is that right?—A. Yes; they had to turn me over by pulling on the sheet and rolling me over. "Q. How much time did you lose before you were able to get up?—A. About 3 months. "Q. Does that injury in your pelvic region bother you?-A. Yes. "Q. How does it bother you?-A. It gets so bad that at times I have to stop what ever I am doing for about a half hour or so. "Q. You went on this ride in the peep at the invitation of the soldiers?—A. Yes. "Q. Was any reference made either by you or the others in the conversation with the three soldiers in the vehicle, how fast the car would go or whether it would. climb?-A. Well, they said how fast it was, and we were invited in the car. "Q. Do you recall any speed at that time?-A. I believe he said it would go 75 miles per hour. "Q. You are 18 years of age?-A. No; I am 17, I'll be 18 in October." On August 14, 1942, Mrs. Marie Adkins, mother of Ansel Adkins, gave the following testimony: "Q. Were you present when three soldiers came up in a jeep on March 11, 1942? A. Yes; I was standing there with the boys. "Q. Did you hear some conversation about taking a ride with them?-A. Well, the boys were going east on Big Piney and came back a few minutes later. They stopped just on the Government line and were talking with my boys about going to Big Piney and invited my boys to go along. Harry didn't care to go because he said that they would have to walk back from Big Piney but the soldiers said that they would bring them back for sure. They said they could only take two. So Ansel and Harry decided to go. Ansel sat on the left side and Harry on the right side. They started up at a pretty good speed and I felt nervous and feeling that something was going to happen." Maj. Richard H. Moore on August 10, 1942, submitted to the board the following certificate: "I certify that up to March 11, 1942, I was the battery commander of Battery A, One Hundred Eighty-second Field Artillery. On March 11, 1942, I instructed Sgt. * * * to go to our position area of the night before and pick up wire which had been left on the ground and return via RJ-121, as in that vicinity there had been reported some abandoned wire lying alongside the road. He had explicit instructions to check any wire he found lying on the ground to see if it had been abandoned or not. This accounts for his trip east from RJ-121 as that is the direction the wire went. I did not authorize him to go to Big Piney. My orders do not account for his trip south toward Big Piney from RJ-121 as there was no wire in that direction. "This sergeant the previous afternoon had direct orders from me not to drive this 4-ton over 20 miles per hour except on my authority. All drivers and noncommissioned officers in the battery had been instructed by me never to pick up civilians. I had given no authority in this instance for deviation from either one of these rules." Mrs. Alma Stewart Mallette, mother of Harry Steward, testified before the board of officers on August 13, 1942, as follows: "Q. Are you the mother of Harry Steward, deceased?-A. Yes, sir. "Q. Where was he on March 11, 1942?—A. He was visiting my sister. "Q. How old was he?-A. Eighteen years old. "Q. Was he your only son?—A. He was my only son. [Note subsequent testimony in this connection wherein she states that she has another son.] "Q. Is his father deceased?--A. Yes, sir; I am now remarried. "Q. What is the amount of the funeral expenses?-A. $206. "Q. Did Harry contribute to your support?—A. Yes. "Q. How did he contribute to your support?-A. He worked in a C. C. C. camp until September 26, 1940, and from then on he held different jobs with little lay-off in between jobs. "Q. How much did he contribute to your support?-A. He contributed $22 per month while in the C. C. C. camp. "Q. Did your son work on the post? A. Yes, sir. "Q. Did he continue to contribute to your support?-A. His money paid all the bills. * * * * "Q. Was he working for a private contractor or the Government?-A. I don't "know who he was working for. "Q. How much money was he making at that time?-A. I don't know exactly, but I think it was around $30 or more. "Q. Was that $30 per week, month, or what?-A. $30 per week. "Q. How much did he turn over to you?-A. He turned about half of his pay over to me. "Q. Did he always give just half?-A. No; he always gave all his checks. "Q. Did you give him any money?—A. I gave him enough to keep himself. He never was one to spend much money on clothes and other little foolishness. "Q. How much education did he have?-A. He finished the eighth grade. A. No, sir. "Q. Did you have any other means of support? "Q. How do you make a living?-A. Well, we have just a little place. have one cow and three chickens. We "Q. Your sister is Mrs. Adkins? [Presumably Mrs. Marie Adkins, mother of Ansel Adkins, injured in the same accident.-A. Yes, sir. "Q. You state that from 1939 until September 1940 he contributed $22 per month, that would be approximately $264 per year; is that right? A. Yes, sir. "Q. Until his death on March 11, 1942, did he average $100 a month?—A. Yes, sir. "Q. Do you say that he gave you over half of that?-A. Yes, sir. On January 17, 1944, Mrs. Mallette submitted the following sworn statement: "My age is 44. I live with my husband, Mr. Leland Mallette, age 50, whose occupation is farming. "I have one son and two daughters who are married. The son is Lloyd Steward, age 24, who is now in the Army. He is presently stationed at Camp Haan, Calif. The oldest of my daughters is Ruby Lucher, age 25, 908 Fallingsprings Road, Maplewood Park, East St. Louis, Ill. The youngest daughter, Laura Thelma Ross, age 22, lives with her husband at Fort Leonard Wood, Mo. He is stationed there. "None of these people are dependent upon me for support. "The expenses for the burial of James Harry Steward amounted to $206. This bill was paid in full by me and a copy of the bill has been submitted in connection with the claim." In connection with the above-quoted statement of Mrs. Mallette to the effect that her husband was unable to work, Dr. Cyrus Mallette, Crocker, Mo., testified before the board of officers on August 13, 1942, as follows: "Q. Did you know the deceased, James Steward?-A. Yes. "Q. Were you related to him?-A. His stepfather is my brother. "Q. Do you know anything about the physical condition of the deceased's father, that is his step-father prior to the death of James Steward?-A. He was ruptured and I took him to the hospital in Lebanon and had him operated on. "Q. Doctor, at that time was he unable to work?-A. Yes; he was unable to do any work.' Under date of January 15, 1944, Ansel Adkins submitted the following statement: "I live on a farm at Big Piney, Mo., My age at this time is 19. At the time I sustained the injury on March 11, 1942, I was 17. As a result of the injury I was laid up for a period of about 2 months at which time I was discharged by Dr. Mallette. I did not have any occupation when I sustained the injury, and after being discharged by Dr. Mallette didn't do any work of any kind until about the early part of 1943 when I went to work for the post exchange, Fort Leonard Wood, Mo. I worked there for a period of about 7 weeks, doing odd jobs. I then had to quit working because of my physical condition. "On February 15, 1943, I was notified by my draft board that I had been classified I-A, and the latter part of February 1943 I reported to Jefferson Barracks, Mo. for induction, where I was turned down because of physical conditions. They didn't tell me the reason for my being turned down but I know it was because of my hip which had been injured in the accident, and other conditions. I then didn't do much of anything except help around the farm a little, and on August 4, 1943, I was again notified by my draft board that I had been reclassified I-A. The latter part of August or early September 1943 I was again ordered to report to Jefferson Barracks for induction, and was again turned down for the same reason as before. The first time I was turned down they told me that they would probably call me back later and see if I was in a worse condition or better, and the second time they told me that my condition had gotten worse and they sent me back. "I didn't do anything until I went to work for Debo Construction Co., Fort Leonard Wood, Mo. the latter part of November 1943 where I worked not quite 2 weeks. I had to quit work because I couldn't do the work by reason of my physical condition. Since that time, I haven't been doing anything except light work around the farm. "I was under the care of Dr. Mallette for about 7 weeks after my discharge from the hospital at Fort Leonard Wood. In November of 1943 I went to Dr. DeWitt, Waynesville, Mo., for treatment, and I have been under his care ever since. That was after I had to quit work for the Debo Construction Co. because of my physical condition. Dr. De Witt has been treating me for my back and hip. I am also receiving medicine for my kidneys and heart. The only hospitalization I had was while I was at the hospital at Fort Leonard Wood from March 11 to March 13, 1942. I have not been treated by any other doctors. "My chief complaint at this time is pain in the region of the left hip and also have pain in my right hip sometimes, but it is the left one most. I also have pain in the chest frequently and in the back. My back hasn't bothered me much since I have been taking treatment from Dr. De Witt. My mother, Marie "I have no persons depending upon me for support. "My father, Harry Adkins, age 53, is living and working. Adkins, is 49 years old. I have six brothers and one sister. Hirschel, age 29; Leo, age 23; Dale, age 21; Harry, Jr., age 12; Garry, age 8; John, age 2; Fern, my sister, age 15, now married. "I don't know what my medical expenses have been. You can get that from Dr. Mallette and Dr. De Witt. "I have read the foregoing statement consisting of 2 pages and it is true." "I treated this boy from the time he left the station hospital until he was apparently well, or about 8 weeks. As I remember the case, he had a separation of the left ilium and ischium and fracture of the left pubic bone. The pelvis was supported by an adhesive cast put on at the station hospital. I had it removed at the end of 8 weeks and apparently at that time he was well. Since then he has been to me complaining of pain in left shoulder and also in pelvis. I could find nothing wrong with his shoulder." On January 19, 1944, Dr. Malette made the following supplemental statement: "I treated Ansel Adkins between the dates of March 12, 1942, to April 29, 1942. His medical bill for services rendered by me amounted to $22.50 which has been paid in full. "I bave not seen Ansel Adkins since about 3 or 4 weeks after April 29, 1942, at which time he apparently had recovered from his injuries, but I am in no position to state the extent of his recovery or his present physical condition. "I don't remember the nature and extent of his injuries. "This treatment was in connection with an injury which he sustained on March 11, 1942." Dr. Ralph O. De Witt, Waynesville, Mo., on January 19, 1944, made the following statement: "I saw Ansel Adkins professionally some time in November of 1943. At that time he came to me with a chief complaint of what he called kidney trouble. He complained of pain in the kidney area in his back, pain in the shoulders, and frequency of and burning on urination. "He gave a history of trying to work but of not being able to keep it up. "Physical examination findings disclosed muscle spasticity right side lumbar area and scoliosis of vertebral column. "These conditions were apparently caused by an old injury. Whether or not the conditions are due to the injury which he sustained in March 1942, fracture of pubic bone, I am not able to state definitely. "This boy is also suffering from a nervous instability. Thinks he has all kinds of things wrong with him. "I have seen this boy three times all told, the last time about a week ago. At that time there was no improvement in his condition. "I gave him heat treatments and a sedative and told him to try to keep on working and forget about his ailments. "Whether or not the boy is disabled is something I cannot state. He thinks he is disabled. I found no evidence of disability. As far as I can tell, he has recovered from the injury which he had in March of 1942. His complaints are not from that area. "Ansel Adkins is no longer under my care. I feel there is nothing I can do for him. I consider him a neurotic, mild. "The only medicine I prescribed for him was phenobarbital for his nervousness. "I have not X-rayed the boy. "The bill for my services amounted to $8 which has been paid in full." On January 15, 1944, Ansel Adkins was examined by Maj. Everard A. Wilcox, Army Medical Corps, who on that date submitted the following report: "Examination of Ansel Adkins today with reference to (1) present and possibly (2) future disability. "1. Present disability-None. "2. Future disability-None. "There is no palpable deformity of the pelvis and no limitation of motion of the left lower extrémity. "The X-ray report of this date is enclosed herewith." The X-ray report above referred to reads in pertinent part as follows: "Comminuted fracture simple-pubic bone. "The fracture fragments previously described have reunited. Anatomical restoration is good. Callus adequate to stabilize and no excess. The foreign body previously described as a calculus is no longer seen. No other evidence of bone or joint trauma and no arthritic changes.' On August 11, 1942, a claim was filed with the War Department by Ansel Adkins in the amount of $10,000 for the personal injuries sustained by him in the accident in question. This claim, however, was necessarily disapproved on February 27, 1943, since there was then no statute or appropriation available to the Department for the administrative settlement of claims for personal injuries or expenses incident thereto arising out of accidents involving Army vehicles. A claim was filed with the War Department on August 13, 1942, by Alma Steward Mallette in the amount of $10,000 for the death of her son, Harry Steward. This claim also was disapproved,on September 28, 1942, on the ground that there was then no statute or appropriation available to the Department for the administrative settlement of claims of this nature. It is the view of the War Department that the proximate cause of the accident was the negligence of the Army driver in that he proceeded over the crest of a hill and around a curve where visibility was limited at an excessive speed and for that reason was unable to maintain control of his vehicle when he suddenly came upon the approaching column of motorcycles. The evidence clearly discloses that at the time of the accident the Army driver had departed from the scope of his employment by making use of the Army vehicle for an unauthorized mission. i. e., for a trip to Big Piney for the purpose of getting "something to eat." It is equally obvious that the act of the noncommissioned officer who was in charge of the Army car in inviting the two civilians to ride in such car was unauthorized and in violation of Army regulations. |