This day personally appeared before me, Helen F. Cummins, a notary public of and for the State of Virginia, city of Petersburg, Dr. Philip Jacobson, who first being duly sworn, deposes and says that the facts and matters set forth in the foregoing letter signed by said Dr. Philip Jacobson are true to the best of his knowledge and belief. Given under my hand this 14th day of July 1944. My commission expires on the 18th day of April 1946. [SEAL] HELEN F. CUMMINS, Notary Public. FEBRUARY 22, 1945.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEOGH, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 1707] The Committee on Claims, to whom was referred the bill (H. R. 1707) for the relief of Murray W. Moran, having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass. The amendment is as follows: At the end of bill add: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. The purpose of the proposed legislation is to appropriate the sum of $2,055 to Murray W. Moran, of Spring Hill, Ala., in full settlement of all claims against the United States for the death of his minor son, Milton Moran, who was struck and killed by a United States Army truck on October 13, 1943, while he was crossing the highway leading from Spring Hill, Ala., to the State of Mississippi, at a point approximately 2 miles west of Spring Hill. STATEMENT OF FACTS It appears that on October 13, 1943, at about 6:30 p. m., an Army 22-ton cargo truck, on official business, was proceeding east on Old Shell Road, 9 miles west of Mobile, Ala., at a speed estimated by the Army driver at 30 miles per hour. Darkness was approaching, it was drizzling, and the concrete pavement was wet from a previous heavy rain. The Army driver states that upon observing a man standing behind a civilian automobile parked on the left side of the highway in front of a grocery store, and also several children playing on both sides of the road at that location, he reduced his speed. As he approached the parked automobile, the Army driver saw a boy, Milton Moran, 6-year-old son of Murray W. Moran, of Spring Hill, Ala., run from behind the car and cross the highway from the left (north) toward the right (south) side of the road and directly into the path of the Government truck. The Army driver immediately applied his brakes and turned slightly to the right in an attempt to avoid the child. The truck skidded approximately 120 feet, and the left side of the front bumper struck the child, knocking him to the pavement. The records indicate that shortly before the accident the proprietress of the grocery store had escorted Milton Moran and his twin brother, Hilton Moran, who had been sent to the store by their mother, across the highway to the south side thereof; that Milton Moran had returned to the north side of the road to ask permission of the owner to ride a horse which was standing in front of the store; that the horse's owner refused such permission; that Milton Moran thereafter attempted to run back across the highway to reach the point where his brother was waiting; and that he was looking back, watching the horse, and apparently did not see the approaching Army truck which struck him. As a result of the accident, Milton Moran received severe personal injuries and was taken to the Providence Hospital, at Mobile, Ala., where he was pronounced dead upon arrival. He was 6 years of age at the time of his death. He was one of four minor children who were entirely dependent upon their father for their support. The records disclose that Mr. Moran incurred expenses in the amount of $55 as the result of the injury and death of his son. In a report dated September 11, 1944, the War Department states: The evidence fairly establishes that the proximate cause of the accident and the resulting death of Milton Moran was the negligence of the Army driver in that although he observed small children playing near the edge of the pavement he failed to reduce his speed sufficiently so that he could maintain such control over his vehicle as to enable him to bring it to a full stop, if necessary, in order to avoid striking a child who might run into the path of his approaching vehicle. Although the action of the deceased, Milton Moran, in running across the highway might have constituted contributory negligence on the part of an older person, under the law of Alabama, the State in which the accident occurred, a child under 7 years of age is conclusively presumed to be incapable of contributory negligence (Pizitiz Dry Goods Co. v. Cusimano, 206 Ala. 689, 91 So. 779). Under the circumstances, the War Department believes that Mr. Moran should be compensated in a reasonable amount for the death of his son, Milton Moran, and the expenses incident to his burial other than those covered by insurance. Therefore, your committee recommends favorable consideration to the proposed legislation. Appended hereto is the report of the War Department, together with other pertinent information. Hon. DAN R. McGEHEE, Chairman, Committee on Claims, WAR DEPARTMENT, Washington, D. C., September 11, 1944. House of Representatives. DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 4772, Seventy-eighth Congress, à bill for the relief of Murray W. Moran, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay "to Murray W. Moran, Route 1, Box 21-C, Spring Hill, Ala., the sum of $5,000 * in full settlement of all claims of the said Murray W. Moran * * against the United States on account of the loss of his minor son, Milton Moran, who was struck and killed by a United States Army truck on October 13, 1943, while he was crossing the highway leading from Spring Hill, Ala., to the State of Mississippi, at a point approximately 2 miles west of Spring Hill." The Department, however, would have no objection to the enactment of the bill if it should be so amended as to provide for an award of $2,055 to Mr. Moran. There is no material conflict in the evidence concerning the circumstances surrounding this accident. On October 13, 1943, at about 6:30 p. m., an Army 21⁄2ton cargo truck, on official business, was proceeding east on Old Shell Road, 9 miles west of Mobile, Ala., at a speed estimated by the Army driver at 30 miles per hour. Darkness was approaching, it was drizzling, and the concrete pavement was wet from a previous heavy rain. The Army driver states that upon observing a man standing behind a civilian automobile parked on the left side of the highway in front of a grocery store, and also several children playing on both sides of the road at that location, he reduced his speed. As he approached the parked automobile, the Army driver saw a boy, Milton Moran, 6-year-old son of Murry W. Moran, of Spring Hill, Ala., run from behind the car and across the highway from the left (north) toward the right (south) side of the road and directly into the path of the Government truck. The Army driver immediately applied his brakes and turned slightly to the right in an attempt to avoid the child. The truck skidded approximately 120 feet, and the left side of the front bumper struck the child, knocking him to the pavement. It appears that shortly before the accident the proprietress of the grocery store had escorted Milton Moran and his twin brother, Hilton Moran, who had been sent to the store by their mother, across the highway to the south side thereof; that Milton Moran had returned to the north side of the road to ask permission of the owner to ride a horse which was standing in front of the store; that the horse's owner refused such permission; that Milton Moran thereafter attempted to run back across the highway to reach the point where his brother was waiting; and that he was looking back, watching the horse, and apparently did not see the approaching Army truck which struck him. As a result of the accident, Milton Moran received severe personal injuries and was taken from the scene of the accident to the Providence Hospital, at Mobile, Ala., where he was pronounced dead upon arrival. Pvt. George D. Gray, the Army driver, made the following sworn statement, dated October 15, 1943: "On the afternoon of October 13, 1943, I was requested to drive a GMC 21⁄2-ton 1940 cargo truck, No. 4154732, to carry a load of soldiers from the Headquarters and Supply Company from Bates Field to Mobile, Ala. It is customary for two Government vehicles from Bates Field to leave said field each afternoon about 6 p. m. to carry soldiers into Mobile on pass. "We left Bates Field about 6 p. m. Pvt. Benard S. Peterson was riding in the cab with me, and a number of soldiers were riding in the rear. We were proceeding east on Old Shell Road at a speed of about 30 miles per hour. We had reached a point about 4 miles east of Bates Field and about 9 miles west of Mobile, Ala., when an accident occurred. car. "We came over the hill, and about 200 yards from us I saw an automobile stopped on the north side of said road on the pavement, and said car had stopped in front of the Hill Top grocery store, which is on the north side of Old Shell Road. When I was about 100 or 150 feet from the car, I saw a man standing behind the I began slowing down, and when I was within 15 or 25 feet from said car, I saw a little child, Milton Moran, running from behind the car traveling south across the road in front of my truck. I applied my brakes and pulled the truck to the right, with my right wheels going off the pavement, in an effort to avoid hitting the child. However, I was too close, and the left side of the front bumper struck the child and knocked him several feet to my left in about the center of the road. I pulled the truck back into the road and stopped within 35 feet. I got out and ran back to where the child lay. Two other soldiers who were riding in the rear of said truck had jumped out and picked the child up. He We "In my opinion, the child was lifeless at that time. However, a car came along and stopped. We asked the driver if he would carry the child to a hospital. refused. Within a few moments, Murry Moran, the child's father, came. put the child in his car. Corporal Robinson and Corporal Alcocer went with him to the hospital to carry the child. I remained at the scene of the accident. "At the time of the accident, there was a drizzling rain, and just a short time prior thereto it had rained pretty hard, and the road was wet." Milton Moran was 6 years of age at the time of his death. He was one of four minor children who were entirely dependent upon their father, Murry W. Moran, for their support. The deceased left surviving the following persons: Murray W. Moran, father, age 27 years. Mrs. Elsie P. Moran, mother, age 25 years. No claim has been filed with the War Department growing out of this accident. The records of the War Department show that as a result of the injury and death of his son Murray W. Moran has incurred the following expenses: Dr. Charles S. Davis, Mobile, Ala____ Total.... 50 55 An extract from a statement, dated July 4, 1944, from Murry W. Moran reads as follows: 66* * * The expenses incident to the injury and death of my son were the doctor's bill rendered by Dr. Charles S. Davis, Jr., in the amount of $5, and the funeral expenses in the amount of $50, as rendered by O'Keefe funeral home, Biloxi, Miss. The rest of the funeral expenses were taken care of by an insurance policy which I had with Luquire Insurance Co., with offices in Mobile." On July 22, 1944, the claims officer, Brookley Field, Ala., submitted the following statement: "This is to certify that the undersigned [Second Lt. C. C. Williams, Quartermaster Corps] was informed by the Mobile manager of Luquire Insurance Co., Inc., that his company held the policy with Murry Moran for the funeral expenses of his son, Milton Moran, who was killed by a Government vehicle on October 13, 1943, and that the Luquire Insurance Co., Inc., had a contract with Martin-Chevalier, Inc., whereby Martin-Chevalier, Inc., handled all funerals for which Luquire Insurance Co., Inc., was obligated by virtue of insurance policies. A. J. Chevalier, president of Martin-Chevalier, Inc., informed the undersigned that his company handled the body of Milton Moran as per its agreement with Luquire Insurance Co., Inc., and that the bill submitted in the amount of $73.61 was the actual cost of the funeral expenses of Milton Moran as performed by the company. This charge, however, was only for handling the body, preparing it for burial, furnishing the casket, and railroad fare transporting the same to Biloxi, Miss. Additional services for the funeral [hearse and services, auto for priest, church services] were rendered by O'Keefe Funeral Home in Biloxi, Miss. The evidence fairly establishes that the proximate cause of the accident and the resulting death of Milton Moran was the negligence of the Army driver, in that although he observed small children playing near the edge of the pavement he failed to reduce his speed sufficiently so that he could maintain such control over his vehicle as to enable him to bring it to a full stop, if necessary, in order to avoid striking a child who might run into the path of his approaching vehicle. Although the action of the deceased, Milton Moran, in running across the highway might have constituted contributory negligence on the part of an older person, under the law of Alabama, the State in which the accident occurred, a child under 7 years of age is conclusively presumed to be incapable of contributory negligence (Pizitiz Dry Goods Co. v. Cusimano, 206 Ala. 689, 91 So. 779). Under the circumstances, the War Department believes that Mr. Moran should be compensated in a reasonable amount for the death of his son, Milton Moran, and the expenses incident to his burial other than those covered by insurance. While the amount stated in the bill is excessive, the Department would have no objection to the enactment of the bill if it should be so amended as to provide for an award in the amount of $2,055 ($55 for medial and burial expenses not covered by insurance; and $2,000 for the death of Milton Moran), which it is believed would constitute a fair and reasonable settlement of all the damages sustained as a result of the death. as it appears in the title and For the purpose of accuracy, the name "Murray, lines 5 and 8 of the bill, should be changed to read "Murry.' 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, |