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driving of the truck up to the date of the accident. There was no public liability on this truck. I had an Iowa operator's license, but no truck driver or chauffeur license. This accident happened, as I remember, at about 4 p. m. School had just let out, and I was using care, as the children were crossing the street at all angles. I had just finished dumping a load of shale on a street on the north side of town about a half mile from where the accident happened, and Bill Clark, my foreman, was riding back to the shale pit with me. We were going to haul another load of shale to the streets after we got back to the pit.
The streets were dry, and there was paving where the accident occurred. It was not raining, snowing, or misting, or dark when the accident occurred.
I was driving the truck south on Second Street and where it intersects Main Street in the main part of town there is a small iron stop sign in the center of the street as the intersection is approached. This sign is just to the north of the intersection and north of where pedestrians cross the street. When I came to this sign, I came to a full stop north of this sign. I saw Mr.
come from the drug store which is on the southeast corner of this intersection. He walked directly catty-corner across the intersection. He walked about 10 feet of the northwest corner of the intersection. He was still in the street, and about 10 feet from the corner of the sidewalk. He looked at me as I put the car in low gear.
When he saw me, he stepped about two steps toward the sidewalk and stopped again in the street on the paving. He turned so that he had his right side to me and was facing the northwest and started talking to Gus Est row, who was standing on the edge of the sidewalk on the east side of the northwest corner of the street.
I pulled the truck on into the intersection, and made a left turn and went up Main Street west. My front wheels passed Harris, and I thought I was well clear of him, and went right on around the corner. I had to cut rather close to get inside of a keep-to-the-right sign that was in the middle of the street on Main. This sign is a round iron affair about 4 or 5 inches high. I am always cautious and keep inside the iron signs. I was in low gear all the way around the corner, and was not going over 3 miles an hour. I did not know of any accident until Í
gone around 90 feet up Main Street when I heard the fellows on the corner yelling. I stopped to see what they were hollering about. I got out after I stopped and saw Harris lying in the street about 4 feet from the corner of the sidewalk. He was down on the street, and men were helping him get up. They çarried him over
to his son's shoe store west of the grocery store on the southwest corner of the intersection.
Harris told me that I had knocked him down and run over him. He said the dual wheel had caught him. I did not feel any jar or bump as I rounded the corner. I told him that I didn't know I hit him. Dr. Lavagh came and treated the injured, and I stayed around there a while
my son who was near took the truck and went to the shale pit and hauled another load of shale.
Clarke was the only person riding in my truck at the time of the accident. There is a cab on the truck, and a glass windshield. My view was not obstructed at any time as I rounded the corner. I did not blow the horn of the truck, or give a left-turn signal at that corner. Everyone in town knew that the route I was taking was the regular traveled route of the Civil Works Administration. Harris stepped as though he was getting out of my way the first time, but I don't know what he did after the cab of the truck went by him.
I have read and signed the two foregoing pages of this report, and they are correct and true. This is correct and true.
Mystic, Iowa, February 18, 1935. Report of William J. Clarke, made in connection with the accident wherein J. P. Harris, of Mystic, Iowa, received a fractured leg when struck by a truck driven by Gilbert Porter a Civil Works Administration workman on December
I 41 present.
am 74 years old, married, and I live in Mystic, Iowa. I have lived here years. I have known Harris for that length of time. I am not employed at
At the time of the accident I was employed by the Civil Works Administration as foreman for the street project No. 13 at Mystic, Iowa. The purpose of this project was to cover the streets of Mystic with shale.
I do not remember the date of the accident, but it happened just about quitting tiine. I had gone over on the truck driven by Porter to see how the men on the street were getting along, and Porter and I rode back toward the shale pit in his truck. The truck was a Chevrolet dump truck.
On the way back to the pit, we drove south on Second Street, and when he came to Main Street going south, Porter came to a full stop at the iron “Stop” sign here.
When we came to the stop, I saw Harris and Gus Estrow standing in the street talking. They were standing about 4 or 5 feet from the curbing on Main Street about 4 or 5 feet west of a telephone post that is on the corner. They saw the truck coming, and when they saw the truck coming they both took about two steps nearer the curbing, but they did not step far enough. Porter drove the truck around the left, and made a left turn. The front of the truck went by Harris and Estrow, but I understand the rear dual wheel caught Harris. I did not feel the bump or see the truck strike Harris. We drove up the street about a half block before we heard the fellows hollering for us to stop.
Porter went around the corner about 2 miles an hour. He had to cut in as he went around the corner to get inside the iron sign in the middle of Main Street.
When I got back to the scene of the accident Harris was lying right in the street about 5 feet from the curbing. I saw that his left leg was broken. He was carried over to a store and the doctor called.
I did not think anything about there going to be an accident at the time. I thought the truck would clear Harris all right. I did not see Harris step back into the truck.
The paving was dry, and the weather was clear on the day of the accident.
WM. J. CLARK.
MYSTIC, Iowa, February 18, 1935. Report of Emery Free, of Mystic, Iowa, made in connection with the accident
of J. P. Harris, injured December 20, 1933, when struck by a Civil Works Administration truck driven by Gilbert Porter, a Civil Works Administration
I am 30 years old, married, and I live at Mystic, Iowa. I am employed as a coal miner at the Sunshine Coal Co. mine no. 2. I can always be located either at the mine or at home.
At the time of this accident I was standing in Henderson's grocery store at the corner of Second and Main. This store is just across the street from where the accident happened.
I was looking out through the glass door of the store and saw the truck driven by Gilbert Porter come south on Second Street, and make the stop at the “Stop” sign just before it came into Main. Bill Clarke was riding in the front seat with Porter.
Harris, when I first saw him, was on the southwest corner of Main and Second, and he walked across the street directly to the spot where he was struck by the truck. He had walked over to a point about 5 feet from the curbing, and had stopped in the street, and started talking to Gus Astroth, who was standing on the northwest corner. Harris has a habit of stopping in the street, and talking to friends, and at this time he had his back to the street, and was facing the bank building on the northwest corner.
After the truck stopped at the “Stop” sign, it pulled around the corner in low gear. The driver had to hug the corner to get inside the “keep-to-right" sign that was located midway between the two north corners of Main Street. The front wheels of the truck passed by him all right, but as the dual wheel came around it struck him, and ran over his left leg. The body of the truck did not strike Harris. A brace on the side of the bed hit Harris first.
Harris saw the truck and started to step out of the way, but the wheel of the truck caught him before he got out of the way. The truck was going less than 5 miles an hour at the time it struck Harris. The truck went up the street about 50 feet before it stopped, as the driver did not know of the accident.
When Harris was lying in the street with his head to the west he was about 4 feet from the northwest curbing on Main Street. There is a telephone pole
right on the curbing at the corner of Main and Second, and west on Main there is a fire hydrant 5 feet from the telephone pole. Harris was standing about midway between these and about 5 feet from the curbing, when he was struck.
I ran right across the street, and we noticed his left leg was broken, so I helped get a cot to carry him over to his son's store.
I have known Harris around 20 years. Since the accident he has been using crutches, and now is using a cane. He has been practically disabled up to this time.
I did not know who else saw this accident as a large crowd gathered right away, and I do not know who saw the accident and who not.
I have read the above statement, and it is correct and true.
Mystic, Iowa, February 18, 1935. Report of Dr. N. W. Labagh, made in connection with the accident of J. P.
Harris, struck by a truck driven by a Civil Works Administration employee on December 20, 1933, at Mystic, Iowa.
I am a graduate of the Keokuk Medical College of Physicians and Surgeons, 1904. I have practised in the town of Mystic since 1907. I have known Mr. Harris since the date of moving here. I have done work for him at intervals since the time I first came here.
I first saw Mr. Harris at about 5 p. m. on December 20, 1933. He gave a history of having been struck and knocked down by a shale truck in the streets of Mystic, Iowa. Gilbert Porter was named as the driver of this truck. He was seen first at a store on the corner of Main Street and Second.
Examination showed a compound comminuted fracture of the tibia and the fibia of the left leg. The break was about 4 or 5 inches above the ankle.
At the store I put on a temporary splint, and later at his home I put on splints. About a week later the leg was put in a plaster cast at the St. Joseph Hospital in Centerville, Iowa.
The union in the leg was very slow, and X-rays were taken and the position was adjusted, and another cast was put on. After this adjustment, the cast was changed again about 2 months later, and another adjustment was made. There were several different casts put on the leg. The union was very slow, as the location of the fracture was in a bad place.
The last cast was removed as I remember some time in November 1934. After the cast was removed a steel brace was put on the leg, and he has worn this up to this time.
The prognosis in this case is fair. He may have to wear the brace a year, or even permanently. There is bony union in the leg.
Harris is able to get about with a cane at present. There may be some permanent loss of motion in the leg, and there is a possibility he will use a cane the rest of his life. The condition at present will not warrant any accurate prognosis. Time will show the results. Harris is still under my observation, and I tell him to limit his activities as much as possible.
My services in this case amounted to $148. However, this not his total bill. He had some X-ray pictures at the hospital, and with Dr. Hickman of Centerville.
I have read the above report, and it is correct and true to the best of my knowledge.
N. W. LABAGH, M. D.
STATE OF Iowa,
Appanoose County, 88: I, J. P. Harris, being first duly sworn on my oath do depose and state that I am a resident of Mystic, Iowa, and the same person who received injuries on the 20th day of December 1933, when struck by a truck engaged in Civil Works Administration work.
That prior to the time of said injury I engaged in farming and acted as a seed merchant with headquarters at Mystic, Iowa, and during the 5 or 6 years immediately preceding said accident my average annual net income was $1,500 per year.
That for a period of at least 12 months following the time of said accident I was totally disabled, and during practically the whole of said period my leg was in a plaster-of-paris case. That my disability gradually decreased until at the
8. Rept. 1375, 78-2 -2
present time I am advised by my physician that I have a disability of 25 percent. However, at the present time it is necessary for me to hire all of my farm work done, and prior to the injury I did a portion of this work myself. That at the present time I am unable to handle and test seed, and must hire such work done and prior to said injury I did the major portion of this work myself.
That it is my opinion that my present disability will never be completely removed and that it will continue to such an extent that I can never again perform the physical work which I did in connection with my farming operations and in connection with my business as a seed merchant prior to the time of my injury. That at the present time I am able to do only the mental work attendant to said businesses, and it is my opinion that in the future it will be necessary for me to continue to hire my farm work done, and also to hire the physical work connected with my seed business done.
That my present disability and that disability, which will continue into the future, seriously interferes with my ability to make a living as a seed merchant. In this part of the country there is a great deal of competition among seed buyers and it is necessary for them to make personal calls upon farm owners, to personally inspect seed in the fields, to personally inspect seed at threshing time, and to do a great many other physical acts in order to obtain a fair share of the business. A leg disability, such as I have, not only inconveniences me in this business but also makes it an impossibility to carry on my business in the manner and to the same extent that I did prior to the injury. That such will materially reduce the extent of my business and any profits that I might derive therefrom. Dated this 10th day of May A. D. 1935.
J. P. HARRIS. Subscribed and sworn to before me this 10th day of May A. D. 1935. (SEAL)
H. E. VALENTINE, Notary Public.
STATE OF Iowa,
Appanoose County, 88: I, Dr. N. W. Labagh, being first duly sworn on my oath, do depose and state that I am a practicing physician in the town of Mystic, Iowa, and that I did treat Mr. J. P. Harris of said town for injuries suffered by him on the 20th day of December 1933, when he was struck by a truck engaged in C. W.A. work.
That Mr. Harris' injuries consisted of a compound comminuted fracture of the tibia and fibula of his left leg. That said fractures were set and his leg put in splints for a period of 1 week, and then his leg was put in a plaster-of-paris cast for the next 11 months. The cast was removed in November 1934, and Mr. Harris then wore a steel leg brace for the next 2 months. That since the removal of the steel leg brace Mr. Harris is able to walk only with difficulty and uses a cane.
That at the present time Mr. Harris has a disability of 25 percent. I am unable to determine at this time the percentage of disability which will continue permanently.
That from the time of the injury until the plaster-of-paris cast was removed Mr. Harris was unable to walk, except by the use of crutches during the latter part of said period. That while the steel brace was on his leg he could walk only with the use of crutches during the first part of said period, and only with the use of a cane during the latter part of said period.
That Mr. Harris at the time of the injury was engaged in farming and in acting as a seed merchant. That at present it is necessary for Mr. Harris to hire the farm work done, which he did himself before his injury. That he is also unable at the present time to handle and test seed, work which he did himself prior to his injury. Dated this 10th day of May A. D. 1935.
N. W. LABAGH, M. D. Subscribed and sworn to before me this 10th day of May A. D. 1935. (SEAL)
H. E. VALENTINE, Notary Public in and for Appanoose County, State of Iowa.
WALDROP HEATING & PLUMBING CO.
(H. Rept. No. 1177, 78th Cong., 2d sess., with A. R. 1061) The Committee on Claims, to whom was referred the bill (H. R. 1061) for the relief of Waldrop Heating & Plumbing Co., 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 11, strike out "cases”, insert in lieu thereof "case". At the end of bill, strike out the period and insert in lieu thereof: “: 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 $4,455 to the Waldrop Heating & Plumbing Co., of Rock Hill
, s. c., in full settlement of all claims against the United States arising out of the contract for the construction of the United States post office, courthouse, and customhouse building at Richmond, Va., on July 14, 1930.
STATEMENT OF FACTS
It appears that on July 14, 1930, the United States entered into a contract with the National Construction Co. for the demolition of certain buildings and the construction and remodeling of certain other buildings to be used as the post office, courthouse, and customhouse at Richmond, Va.
It further appears that the Waldrop Heating & Plumbing Co. as a subcontractor on September 10, 1930, agreed with the prime contractor to furnish all labor, tools, and materials, and to perform all necessary work for the installation of the mechanical equipment, plumbing, heating, and gas piping required under the original contract with the National Construction Co.
Under the terms of the contract the Waldrop Heating & Plumbing Co. was required to move the old heating plant from the building which was being remodeled and to replace it with a new and larger plant. In addition, they were required to furnish temporary heat to portions of the building occupied during the period of construction. They began the work on the new building in October 1930. In November, December, and January they requested permission to begin work on the heating plant in the old building.. These requests were denied by the Government and permission was not granted until May 15, 1931. Thereafter the claimant performed the necessary work and completed it on November
In the final settlement under the contract the Government withheld from money otherwise due to the National Construction Co. the sum of $4,455, representing the cost to the Government of furnishing heat to the old building during the 1930 and 1931 heating season. The National Construction Co. in its settlement with the Waldrop Heating & Plumbing Co. withheld a like sum from money otherwise due to the claimant.
It appears that the United States engineer office in charge of the construction held that they should deduct this amount. They took an appeal to the superior and he held that the Government should not make the deduction, in that the company stood ready and willing to perform the contract and did perform the contract and was entitled to the money and it should not be deducted. When
preparing to make settlement some other authority in the Government held that they could not pay it.
Then they went to the Court of Claims. The Waldrop Heating & Plumbing Co. suing in the name of the prime contractor. The Court of Claims in the finding of facts held that the prime contractor for the benefit of his subcontractor was entitled
money; and the Government having deducted that amount caused them to sustain a loss of $4,455.
In the meantime the prime contractor had received another contract somewhere in Indiana. The Government, not being concerned with the subcontractor, offset this $4,455 against the loss that it had sustained through the failure of the prime