STATEMENT OF SIGMAN & SIGMAN FOR CLAIMANT, IN THE Matter of JOHN HOHEISEL, DECEASED-CLAIM OF IDA HOHEISEL, EXECUTRIX FACTS Time of accident: Wednesday, September 6, 1944, at 9:40 p. m. Place of accident: At the intersection of Tayco and Second Streets, Menasha. Wis. Mr. Hoheisel, aged 74, in good health and very spry, was on his way home walking west on Second Street on the south side and began to cross Tayco Street at the intersection. He crossed over to the west half of the intersection when he was struck by an automobile traveling south on Tayco Street. This automobile was driven by Capt. William C. Lohmaier, staying at the Atherton Hotel, Oshkosh. Accident resulted in death. INVESTIGATION BY 8. SIGMAN, SEPTEMBER 7, 1944 View of scene of accident: Tayco Street is 32 feet wide, concreted; intersection fully paved; street lighted. Tire marks of car in accident very visible on the west half of Tayco Street at intersection running from a point just beyond the south cross walk. Both tire marks were parallel with the center line. The closest tire mark to the center line was about 21⁄2 feet west of the center line. This showed that the driver never changed his course while applying his brakes for the entire distance between him and the pedestrian; never attempted to turn out in order to avoid the accident. Talking with Captain Lohmaier at Oshkosh on Friday, September 8, 1944, he admits that he could not turn his car and that he was froze to the wheel He furthermore admitted that the only time he looked at the speedometer was when he was passing the schoolhouse before reaching the intersection, and which is located several blocks north of said intersection. At said time he believed he was going 25 miles an hour. He has no way of telling how fast he was going at the time the accident occurred. The car struck Mr. Hoheisel with the right front end and right fender. There is a dent immediately to the left of the right headlight which is built into the right fender. He was carried or thrown for a distance of 45 feet from the point of impact. The body dropped off the fender, and the temporary period where the body laid on the concrete produced a blood spot marking the location. This is between two large trees on both sides of the highway and is 81⁄2 cement blocks from the south cross walk. From all reports, Mr. Hoheisel was unconscious from time of injury to the time pronounced dead. Injuries to the body given in letter from doctor and report of undertaker. CONCLUSION Assuming that Mr. Hoheisel walked at a speed of 5 miles per hour, which is considered a good gate, he had traversed about 25 feet across the street, while the automobile, if traveling even at the alleged speed of 25 miles per hour, had traversed a minimum of at least 125 feet. Captain Lohmaier says that he saw Mr. Hoheisel step away from the sidewalk into the road to cross over and, after taking a few steps, seemed to hesitate, and at that he believed Mr. Hoheisel would let him go by, but apparently was mistaken, since Mr. Hoheisel kept on walking at a slightly greater speed. Assuming that he is telling the truth, the car still was far to the north of the intersection even at that time, and of course Mr. Hoheisel had the right of way. The screeching of the brakes heard by all of the neighbors and even on First Street by a Mrs. Smith, together with the fact that the tires produced brake marks for a distance 33 feet and the car did not come to a stop for an additional 45 feet and the fact that the pedestrian suffered fractures of the leg and skull, all tend to show that the car was traveling at a much greater speed than claimed by the driver. Mr. Lohmaier is guilty of negligence as to speed and control of the car. SIGMAN & SIGMAN, О 81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session { JAMES B. DEHART REPORT No. 822 JUNE 15, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEATING, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3139] The Committee on the Judiciary, to whom was referred the bill (H. R. 3139) for the relief of James B. DeHart, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $2,002.95 to James B. DeHart, of Tapoco, N. C., in full settlement of all claims against the United States for personal property losses sustained as the result of a fire in the Great Smoky Mountains National Park. May 26, 1946. STATEMENT OF FACTS It appears that on the night of May 26, 1946, after the DeHart family had retired, a fire was discovered that destroyed the entire warden station. At about 10:30 p. m. the family was awakened by a noise, and upon investigation, discovered that the fire had practically destroyed the station. It was a wooden structure and it was impossible to save the building or the personal effects of Mr. DeHart and his family. While the cause of the fire could not be determined it was believed that the fire may have originated from a kerosene refrigerator in the station On the assumption that the fire was caused by the kerosene retrigerator which seems possible, this claim is comparable with two other claims that resulted from similar types of fires in Yellowstone National Park and in Great Smoky Mountains National Park. Both these claims were allowed by the Congress (Private Law 531, 77th Cong., H. R. 6388, entitled "An act for the relief of William S. Chapman, Clyde Gilbert, Paul Scherbel, and Frank Childs"; Private Law 318, 78th Cong., H. R. 2511, entitled "An act for the relief of P. Audley Whaley"). In both cases the fires were believed to have originated from kerosene-operated refrigerators. It has not been possible in any of these cases to determine definitely the exact cause of the fires. In this case there is no evidence definitely establishing that the refriger ator was the cause of the fire, consequently negligence cannot be attributed to Mr. and Mrs. DeHart. Mr. DeHart has made a list of the losses sustained by him in this fire, which is attached and made a part of this report. The Acting Secretary of the Department of the Interior states in his report that the Department has no objection to the enactment of this bill. There fore, your committee recommends favorable consideration of this legislation. UNITED STATES DEPARTMENT OF THE INTERIOR, Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, OFFICE OF THE SECRETARY, Washington 25, D. C., May 21, 1948. House of Representatives. MY DEAR MR. MICHENER: Your committee has requested a report on H. R. 5061, entitled "A bill for the relief of James B. DeHart." This bill provides for the payment of $2,002.95 to Mr. DeHart, a park warden in Great Smoky Mountains National Park, in reimbursement for the loss of various items of personal property owned by Mr. DeHart which were lost when the Twentymile warden station in the park was destroyed by fire. The fire that destroyed the warden station occurred during the night of May 26, 1946, after the Deйart family had retired. At about 10:30 p. m., the family was awakened by a noise and, upon investigation, discovered that the station was on fire. Because the station was a wooden structure and the fire was well under way, it was impossible to save the building or the personal effects of Mr. DeHart and his family While the cause of the fire could not be determined, it is the belief of Mr. DeHart that the fire may have originated from a kerosene refrigera tor in the station. On the assumption that the fire was caused by the kerosene refrigerator, which seems probable, this claim is comparable with two other claims that resulted from similar types of fires in Yellowstone National Park and in Great Smoky Mountains National Park. Both of these cims were allowed by the Congress (Private Law 531, 77th Cong., H. R. 6388, entitled "An act for the relief of William S. Chapman, Clyde Gilbert, Paul Scherbel, and Frank Childs; Private Law 318, 78th Cong., H. R. 2511, entitled "An act for the relief of P. Audley Whaley"). In both cases the fires were believed to have originated from keroseneoperated refrigerators. It has not been possible in any of these cases to determine definitely the exact cause of the fires. In the present case, greater precautions might have been taken by Mr. DeHart with respect to the kerosene refrigerator; however, there is no evidence definitely establishing that the refrigerator was the cause of the fire. Consequently, negligence cannot be attributed to him. Enclosed are copies of papers from our files that are pertinent to this claim. We are informed that no fire insurance was carried by Mr. DeHart on the property which he lost in the fire. In the circumstances, and because of the fact that favorable action was taken by the Congress in the two previous cases cited in this report, I have no objection to the favorable consideration of H. R. 5061. The Bureau of the Budget has advised me that there is no objection by that Bureau to the submission of this report to your committee. Sincerely yours, OSCAR L. CHAPMAN, Acting Secretary of the Interior. UNITED STATES DEPARTMENT OF THE INTERIOR, Memorandum for the Regional Director. NATIONAL PARK SERVICE, The Cosby and Twentymile warden stations in Great Smoky have now been destroyed by fire and the origin of both fires has been attributed to the use of kerosene refrigerators. If the design and construction of these refrigerators is sound with respect to safety against fire, the hazard must develop from failure to operate or maintain them properly. Under item 14 in the attached report of the Twentymile warden station fire, the following statement is made in the third paragraph: "He [DeHart] said that at times the burners would flare up just before going out and believes this time they flared up sufficiently to ignite the building paper with which the dining room walls were covered." This makes it appear that DeHart knew from previous experiences that a potential fire hazard existed but that he did not correct the condition (by finding out what was wrong with the refrigerator or his use of it, with follow-up remedial action; or by shielding the wall in back of the refrigerator with a fire-resistant sheet; or by moving the refrigerator to a safe location; or by discontinuing the practice of lighting the burners and leaving the appliance unattended.) In the Cosby case all occupants left the house leaving the refrigerator burners lighted. Through passage of a relief bill the warden was reimbursed for his loss of personal effects in the resulting fire. In the Twenty mile case the household went to bed leaving the refrigerator burners going. It seems that no practical fire prevention lesson was subsequently conveyed to or learned by DeHart as a result of the Cosby experience, nor as a result of his own experience with the habits of the Twentymile refrigerator. Presumably on the basis of the Cosby precedent DeHart will consider it consistent that he is due relief for his personal losses in the fire. By the same token, however, with the forewarnings of the Cosby precedent, plus DeHart's own knowledge of the potential hazard in his refrigerator, it would appear reasonable to expect that the Twentymile fire should have been prevented. This office is well aware that temporary circumstances force the park to get along with a great many old buildings for housing employees and that in most cases these are inappropriate or inadequate in character, construction, and facilities for the purpose. We realize also that for the most part these buildings are of relatively low economic value. However, many of them provide the only quarters that are available in strategic locations where protection personnel are needed and for this reason, until new quarters can be built, they will continue to have a high use value to the park. The structures inherently contain some unsafe conditions with respect to fire and, as it seems to be considered uneconomical to attempt to correct them in cases where considerable reconstruction costs would be involved, it is imperative that all other unsafe conditions and practices be corrected if human lives and property are to be safeguarded. The existent hazards are not reduced or excused by the prospect that new quarters will be provided later on and the old ones will be torn down anyway. It is my impression that the park-protection force considers its responsibility for building fire prevention largely accomplished when the prescribed Annual Report of Inspection of Fire Hazards is completed and submitted. In the day-to-day routine of park work, detection, and recognition of unsafe conditions or practices and concerted action to correct them have not been given adequate attention. Many of the present occupants of the old quarters will undoubtedly reside in some of the new quarters when they have been constructed. It is to be expected also that the new quarters will be more inherently fire safe than the existing ones. If, however, the personnel are not taught or do not learn safe housekeeping practices in their present quarters, it is humanly unlikely that they will improve their habits overnight to such an extent that the new quarters will be in safe hands. Furthermore, all the employee occupants of the old houses are members of the park protection and maintenance forces. Based upon the above comments and considerations I would make the following recommendations: 1. That the park determine the specific causes of the fire hazards involved in the use of kerosene refrigerators and what needs to be done to eliminate them. All personnel whose quarters are equipped with appliances of this type should then be instructed fully in how to operate them safely. To maintain observance of the instructions it would seem advisable also to require that regular periodic inspection be made of the refrigerators, for which the frequency and items to be checked should be prescribed. The regional office should see that other service areas where kerosene refrigerators are used receive instructions based upon the findings in Great Smoky. 2. That park employees be given a practical training session dealing with the subjects of identification, detection, and correction of building fire hazards; fire safeguards for park quarters; maintenance and use of building fire equipment; and suppression of building fires. The Forestry Division will assist in providing this training if desired. 3. That the attention of all Great Smoky employees be directed to the need for more understanding of an active attention to sound fire-prevention practices in park buildings. F. H. ARNOLD, STATEMENT MADE BY JAMES B. DEHART, PARK WARDEN, WHO WAS OCCUPYING THE TWENTYMILE RANGER STATION WHEN IT BURNED We went to bed at about 9 p. m. and between 10 p. m. and 10:30 p. m. Mrs. DeHart heard a noise and awakened me and asked if someone was up. I got up to investigate and when I opened the bedroom-livingroom door, the fire met me in the face. I told her the house was on fire and got the 3-year-old boy out of bed and then awakened the other two children and my sister and we all left the house by the back door. I saw that the house was too far gone to get anything out of it as the fire had already broken through into the bedrooms. I attempted to remove the gasoline-radio generator but it was too well fastened down. By this time the blaze was coming out the window of the radio room as the window was raised. I called that I could do nothing with the house and I went to Fontana Bridge and called the TVA public-safety office and asked that a fire truck be sent to save the garage and tool shed. When I returned to Twentymile the house was nearly gone as only a part of the walls were standing. The TVA fire truck arrived and sprayed water on the grass, boat rack, and garage until all danger was gone. It is my opinion that the fire started from a flare-up from the burners in the kerosene refrigerator which was in the kitchen. We filled tank of the refrigerator with kerosene and lit the burners at about 7:30 p. m. and filled the water chamber on top at the same time. When we went to bed, all lamps were put out and left in my bedroom. The kitchen-range fire had been out for about 2 hours and the fire could not have started from it. The kerosene refrigerator blew up about 45 minutes after the fire was discovered. A soda-acid extinguisher was hanging on the porch near the kitchen door and was used by a neighbor until empty when his pants leg caught on fire he threw it into the burning building. There was nothing saved in the house except my wife's coat and pocketbook. JAMES B. DEHART, Park Warden. MAY 27, 1946. UNITED STATES DEPARTMENT OF THE INTERIOR, GREAT SMOKY MOUNTAINS NATIONAL PARK, Gatlinburg, Tenn., April 20, 1948. Memorandum for the Superintendent, Great Smoky Mountains National Park. Reference is made to the director's memorandum of April 15 regarding additional information requested by the Bureau of the Budget in connection with my claim for personal loss sustained when my quarters was destroyed by fire on May 26, 1946, H. R. 5061. On the morning of May 27, 1946, Chief Ranger Needham and Assistant Chief Ranger Light came to investigate the fire. At that time I gave them an estimated private loss of $2,339.75. This figure was evidently used in preparation of the buildings fire report. Later, I prepared an itemized report of the loss, which totaled $2,002.95, which was the amount of my claim. A notarized copy of this statement is attached. My quarters were situated adjacent to the Cheoah Lake, which is subject to the fishing laws of the State of North Carolina. This being a very remote location, the Department of Conservation of the State of North Carolina considered it |