171 at an undetermined rate of speed. At a two-lane railroad overpass about 11⁄2 miles south of De Ridder, La., the leading vehicle of the convoy and the two Army vehicles behind it reduced their speed almost to a stop. The driver of the fourth vehicle in the convoy applied his brakes, which failed to function properly, and he was unable to stop. In an attempt to avoid crashing into the rear of the truck in front of him the driver of the fourth vehicle swerved to his left into the south-bound traffic lane.

At the same time a 1936 Ford sedan, owned and operated by Byford Traweek, Route 1, Huntington, Tex., in which Charlie Veteto and Mr. and Mrs. R. L. Rhodes were passengers, was proceeding south on the same road at a speed of about 18 miles per hour. Mr. Traweek met the Army convoy on the overpass, and when he saw the Army truck turn into his path he moved as far as possible to the right, but was struck on his left front wheel and fender by the left rear dual wheels of the Army truck.

The civilian automobile was extensively damaged as a result of the accident and personal injuries were sustained by Mr. and Mrs. Rhodes. At the time of the accident Mr. Rhodes was 72 and Mrs. Rhodes was 51 years of age. Their medical expenses amounted to $26 in connection with the treatment of their injuries.

As this accident and resulting injuries were caused through no fault or negligence on the part of the claimants, your committee feel that they should be reimbursed for the damages sustained by them. The committee concur in the recommendation of the War Department that the amount of $826 be appropriated ($500 for the personal injury of Mr. Rhodes; $300 for the personal injury of Mrs. Rhodes; and $26 for medical expenses).

Therefore, your committee recommend favorable consideration to the proposed bill, as amended. Appended hereto is the report of the War Department, together with other pertinent evidence.

LUFKIN, TEX., November 18, 1941.

In re R. L. Rhodes, Huntington, Tex.: Examination to date shows extensive swelling right knee joint-limited motion and pain on walking. He has been fitted with an elastic mesh bandage. There must be some joint injury; however, an X-ray picture was not made

O. P. GANDY, M. D.

AUGUST 5, 1943.

To Whom It May Concern:

This certifies that I rendered medical services to R. L. Rhodes. Injured right knee and right side of body.

I also rendered medical attention to Mrs. R. L. Rhodes for injuried right side. This treatment was in 1941.

If my information is correct these people received medical treatment in Louisiana before I saw them. This information is given from memory of the case.

Yours very truly.

O. P. GANDY, M. D.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 2896, Seventy-eighth Congress, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay "to Mr. and Mrs. R. L. Rhodes, the sum of $1,500, in full satisfaction of all claims against the United States for injuries sustained by them resulting from an accident involving an Army truck and a civilian car owned and operated by Mr. Byford Traweek, which accident occurred on United States Highway No. 171, about 11⁄2 miles south of De Ridder, La., on August 8, 1941." The Department, however, would interpose no objection to the enactment of this bill if it should be so amended as to authorize the payment of $826 to Mr. and Mrs. Rhodes.

On August 8, 1941, at about 10:45 a. m., an Army truck, operated by an enlisted man on official business, was proceeding in a convoy of four vehicles in a northerly direction on Highway No. 171 at an undetermined rate of speed. At a two-lane railroad overpass about 10 miles south of De Ridder, La., the leading vehicle of the convoy and the two Army vehicles behind it reduced their speed almost to a stop. The driver of the fourth vehicle in the convoy applied his brakes, which failed to function properly, and he was unable to stop. In an attempt to avoid crashing into the rear of the truck in front of him the driver of the fourth vehicle swerved to his left into the south-bound traffic lane. At the same time a 1936 Ford sedan, owned and operated by Byford Traweek, route 1, Huntington, Tex., in which Charlie Veteto and Mr. and Mrs. R. L. Rhodes were passengers, was proceeding south on the same road at a speed of about 18 miles per hour. Mr. Traweek met the Army convoy on the overpass, and when he saw the Army truck turn into his path he moved as far as possible to the right, but was struck on his left front wheel and fender by the left rear dual wheels of the Army truck. The civilian automobile was extensively damaged as a result of the accident and personal injuries were sustained by Charlie Veteto and Mr. and Mrs. Rhodes. Mr. Rhodes was 72 and Mrs. Rhodes 51 years of age at the time of the accident. Dr. C. L. Attaway, of Ville Platte, La., who administered first aid, made the following statement on September 4, 1941, regarding Mr. and Mrs. Rhodes: "I found Mrs. Rhodes to be suffering from numerous contusions about the body and with considerable pain and swelling of the ankles and fingers.

"I found Mr. Rhodes to be suffering from marked swelling, with pain of the knee and numerous contusions of the body.

"It is my opinion that these injuries, considering the age of both patients. are going to cause disability and pain over a considerable period of time."

Mr. and Mrs. Rhodes were later treated by Dr. Orren P. Gandy, of Lufkin Tex., who made the following statement on September 6, 1941:

"On examination I found Mrs. Rhodes complaining pain in right side. subjective symptoms. There was an abrasion right leg.

"I found Mr. Rhodes with a swollen, tender, painful right knee.

Chest

"I first saw them August 12, 1941. In my opinion it will be at least 14 days from date before complete recovery."

On November 18, 1941. Dr Gandy made the following additional statement concerning Mr. Rhodes:

"Examination to date: Shows extensive swelling right knee joint, limited motion and pain on walking. He has been fitted with an elastic mesh bandage; there must be some joint injury. However, an X-ray picture was not made.' A third statement was made by Dr Gandy concerning both Mr. and Mrs. Rhodes on August 5, 1943, as follows:

"This certifies that I rendered medical services to R. L. Rhodes. Injured right knee and right side of body

"I also rendered medical attention to Mrs. R. L. Rhodes for injured right side. This treatment was in 1941

"If my information is correct these people received medical treatment in Louisiana before I saw them This information is given from memory of the case."

The evidence of record shows that Mr. and Mrs. Rhodes actually incurred medical expenses in the aggregate amount of $26 in connection with the treatment of the injuries sustained by them in this accident.

On September 13, 1941, Byford Traweek, the owner of the civilian automobile involved in this accident, filed a claim with the War Department in the amount of $125 for the damage caused to his car. Thereafter on December 16, 1941, he filed an amended claim in which he asked for $302.63 for such damage. The claim of Mr. Traweek was approved by the War Department in the amount of $125 on April 28, 1942, on the ground that the proximate cause of the accident was the "negligence on the part of the Army driver in turning his vehicle into the opposite lane of traffic where he thus obstructed the safe passage and right-of-way of claimant's car."

On November 24, 1941, Charlie Veteto filed a claim with the War Department in the amount of $500 for the personal injuries sustained by him in this accident. On September 6, 1941, Mrs. R. L. Rhodes filed a claim with the Department in the amount of $500 for the personal injuries sustained by her in the accident and for $10 for damage to her eyeglasses. Thereafter on February 28, 1941, she filed an amended claim in which she asked for only $500 for personal injuries. On November 28, 1941, R. L. Rhodes filed a claim with the Department in the amount of $1,000 for personal injuries, and on February 29, 1942, he filed an amended claim in which he asked for only $500 for personal injuries. The claims of Mr. Veteto and Mr. and Mrs. Rhodes were disapproved by the War Department on April 28, 1942, for the reason that there was then no statute or appropriation available to the Department for the administrative settlement of claims for personal injuries or expenses incident thereto.

Inasmuch as the evidence fairly establishes that the accident and resulting injury of Mr. and Mrs. R. L. Rhodes were not caused by any fault or negligence on their part or on the part of the driver of the civilian automobile in which they were riding, but resulted because of the defective brakes of the Army truck involved in the accident, it is the view of the War Department that Mr. and Mrs. Rhodes should be compensated in a reasonable amount for the damages sustained by them. While the proposed award of $1,500 appears to be excessive, the Department would interpose no objection to the enactment of the bill if it should be so amended as to appropriate $826 for their relief ($500 for the personal injury of Mr. Rhodes; $300 for the personal injury of Mrs. Rhodes; and $26 for medical expenses incurred by them), which it is believed would constitute a fair and reasonable settlement of their claims.

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,

HENRY L. STIMSON,
Secretary of War.

2d Session

GEORGE E. O'LOUGHLIN

No. 1459

MAY 18, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. CARSON of Ohio, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 3101]

The Committee on Claims, to whom was referred the bill (H. R. 3101) for the relief of George E. O'Loughlin, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to appropriate the sum of $1,500 to George E. O'Loughlin, of Worcester, Mass., in full settlement of all claims against the United States for injuries received when his automobile was struck by a United States Army truck on Mill Road, near the intersection of Fisher Street, in Westboro, Mass., on August 28, 1941.

in a

STATEMENT OF FACTS

It appears that on August 28, 1941, at about 9:30 a. m., an Army truck on official business, operated by an enlisted man, was proceeding convoy of Army vehicles on Fisher Street, in Westboro, Mass. The weather was clear and the road was dry. At the intersection of Fisher Street and Mill Road, the Government driver, making a rightangle turn to the left into Mill Road at an excessive speed, lost control of his truck, which thereupon ran up onto an embankment on its right, and then, when the driver swung sharply to the left to avoid a tree, crossed the road and collided with a Willys truck owned and operated by George E. O'Loughlin. Mr. O'Loughlin's truck had been parked on its right side of Mill Road at about 72 feet from the intersection, in obedience to orders received from a military policeman.

As a result of the accident the civilian truck was extensively damaged. Mr. O'Loughlin sustained injuries with respect to which Dr. James A. Givan, of Worcester, Mass., made the following statement

on April 4, 1942: "An examination revealed an injury to the left leg and subsequent X-rays which were made showed a fracture of the fibula. The patient was sent to the Worcester City Hospital, where a cast was applied on his leg. This cast was removed on September 27,

1941."

The War Department feels that since the injuries sustained by Mr. O'Loughlin resulted through no fault or negligence on his part, he should be compensated in such amount as the Congress in its discretion deems proper. Therefore, your committee recommends that the proposed bill be favorably reported.

Appended hereto is the report of the War Department, together with other pertinent evidence.

Hon. DAN R. McGEHEE,

Chairman, Committee on Claims,

WAR DEPARTMENT, Washington, September 4, 1942.

House of Representatives, Washington, D. C.

DEAR MR. MCGEHEE: The War Department will interpose no objection to the enactment of H. R. 6988, Seventy-seventh Congress, second session, which would compensate George E. O'Loughlin, of Worcester, Mass., for injuries received when his automobile was struck by a United States Army truck on Mill Road, near the intersection of Fisher Street, in Westboro, Mass., on August 28, 1941.

On August 28, 1941, at about 9:30 a. m., an Army truck on official business, operated by an enlisted man, was proceeding in a convoy of Army vehicles on Fisher Street, in Westboro, Mass. The weather was clear and the road was dry. At the intersection of Fisher and Mill Streets, the Government driver, making a right-angle turn to the left into Mill Street at an excessive speed, lost control of his truck, which thereupon ran up onto an embankment on its right, and then, when the driver swung sharply to the left to avoid a tree, crossed the road and collided with a Willys truck owned and operated by George H. O'Loughlin, of Worcester, Mass., which, in obedience to orders received from a military policeman at the intersection, had been parked on its right side of Mill Street at about 72 feet from the intersection.

As a result of the accident, the truck of Mr. O'Loughlin was extensively damaged, and Mr. O'Loughlin sustained injuries with respect to which Dr. James A. Givan, of Worcester, Mass., on April 4, 1942, made the following affidavit:

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*

*

*

*

“An examination revealed an injury to the left leg and subsequent X-rays which were made showed a fracture of the fibula. The patient was sent to the Worcester City Hospital, where a cast was applied on his leg. This cast was re

moved on September 27, 1941. The patient received treatment at my office on the following dates and the following medical charges were incurred:

Sept. 2, 1941: Examination and bandage..

Sept. 4, 1941: X-ray leg and services...

Sept. 6, 1941: Hospital services...

Sept. 9, 20, 1941: Services..

Sept. 27, 1941: X-ray leg, removal cast and bandage.

Oct. 4, 18, 1941: Services..

Dec. 13, 1941: Services..

Nov. 1, 15, 29, 1941: Services

Jan. 5, 1942: Services...

Feb. 14, 1942: Services...

Mar. 24, 1942: Services.

$6.00

8.00

25.00

6. 00

9.00

6. 00

9.00

3.00

3. 00

3. 00

3.00

81. 00

"My treatment is still continuing. Mr. O'Loughlin was totally disabled until November 29, 1941, on which date he returned to work and still complains of weakness in his leg and pain at the site of the fracture. I believe that his present complaints are genuine and that they will gradually wear away after a period of time."