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When the Ford car reached approximately the center of the intersection of said streets, affiant observed for the first time the Civilian Conservation Corps truck coming east on Park Street about 150 feet from the intersection of said streets. When the Ford car reached a point approximately 19 feet from the southwest corner of Wardwell Avenue, at said intersection, the said Civilian Conservation Corps truck struck affiant's said Ford car on the right rear door, damaging said Ford car in the amount of $83.50, as disclosed by the statement of repairs attached and made a part of this affidavit, sworn to by Norman Anderson, owner of Andy's Garage and Body Shop at Payette, Idaho, September 16, 1941.

That the said truck on approaching said intersection was traveling in excess of 20 miles per hour and skidded 29 feet with the brakes on the truck applied, prior to the collision, and forced the Ford automobile of affiant a distance of 9 feet after the collision.

That said impact broke the glass in the right rear door of said Ford car and threw the child of affiant, Virginia McMillan, age 4 years, who was riding in the back seat of said car onto the floor of said car into portions of said glass window, thereby severely cutting the face and thumb of said child; that the child was taken to the Mary Secor Hospital in Emmett, and placed under the care of Dr. C. E. Carver; that 27 stitches were required to sew up the cut in her face; that she remained'in said hospital 6 days, and that said child was under the care of said doctor for a period of 2 months, during which time particles of glass have been working our of her wound; that said child's face is permanently scarred as a result of said collision.

That Mrs. Meta Hughes and Mrs. Stella Reiman were also in the car with affiant at the time of the accident.

That immediately after the accident the driver of the Civilian Conservation Corps truck stated that his vehicle was in second gear at the time of the accident and even though in second gear he skidded a distance of 29 feet before he struck car being driven by affiant.

DOROTHY MCMILLAN. Subscribed and sworn to before me this 29th day of September 1941. (SEAL)

Hazel EVERETT,

Notary Public for Idaho. My commission expires July 25, 1942.

ANDY'S GARAGE AND BODY SHOP,

Payette, Idaho, September 16, 1941. To Whom It May Concern:

Enclosed is a copy of the estimate on 1933 Ford car belonging to Howard McMillan. I went to the scene of the accident to give this bid. This car had been hit by a Civilian Conservation Corps truck. I told Mr. McMillan at the time that I would fix the car so he could use it for work. Their little girl was very badly cut and I knew they would need all cash available for her. I did this and enclosed is also bill of the work done and paid for. I have the parts to finish the work at his convenience.

NORMAN ANDERSON, Owner. Subscribed and sworn to before me this 17th day of September 1941. (SEAL)

W. L. GRABER,

Notary Public. My commission expires August 14, 1943.

Andy's GaraGE AND Body Shop

PAYETTE, IDAHO, September 16, 1941.

Mr. Howard McMillan,

Route 3, Boise, Idaho. 1 right rear door... 1 right running board. 1 center body post1 right rear door glass. 1 rear quater glass..

$16.00

4. 75 3. 75 6. 85 2. 75

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78TH CONGRESS | HOUSE OF REPRESENTATIVES 2d Session

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REPORT No. 1384

KATHERINE SCHERER

APRIL 25, 1944.-Committed to the Committee of the Whole House and ordered

to be printed

Mr. Rowan, from the Committee on Claims, submitted the following

REPORT

(To accompany H. R. 3929)

bill do pass.

The Committee on Claims, to whom was referred the bill (H. R. 3929) for the relief of Katherine Scherer, having considered the same, report favorably thereon without amendment and recommend that thé

The purpose of the proposed legislation is to appropriate the sum of $5,215 to Mrs. Katherine Scherer, of Chicago, Ill., in full settlement of all claims against the United States for the death of her son, Albert Scherer, who was killed when he was struck by a United States

mail truck on May 14, 1943, in Chicago, Ill.

STATEMENT OF FACTS

backing

It appears that the postal chauffeur, operating a 3-ton truck, was

in Lutz Place, a very narrow alley leading to the loading door of postal station, when the truck collided with Albert Scherer, a child, who was passing through this alley at the same time, tossing a ball back and forth to two other boys. The approach to this postal station is an extremely dangerous one because of the narrowness of the alley and should have been undertaken only with the exercise of the greatest care. It is apparent that in backing a distance of some 150 feet without stopping from time to time, without sounding his horn, and without keeping the area to the rear of his truck under continuous observation, he was not using that degree of care which the situation

Harry McMillan, the driver of the Government truck, claims that he looked west on Lutz Place when he first approached it but found no pedestrains or vehicles. He evidently failed to carefully observe conditions, as the guard sitting beside him saw the small boys playing near the back door of the station. The guard did not obstruct the driver's view. The Government driver further states he sounded his horn, but neither the guard nor witnesses heard the sound of his

demanded.

horn. Therefore there is some justification in doubting this statement. The driver did not stop and alight from the truck at any time after he started to back it to ascertain that the way was clear, despite the fact that his visibility to the rear was negligible. Furthermore, the backward movement of a truck 150 feet or more is unusual and unexpected, and this factor tends to relieve the boy entirely with regard to the question of contributory negligence.

The post office inspector, L. P. Wellnitz, states: "It is consequently my conclusion that driver-mechanic Harry McMillan failed to exercise the high degree of care necessary in this instance, and his negligence was the proximate cause of the accident."

It is the opinion of your committee that Mrs. Katherine Scherer should be compensated in the amount of $5,215 ($5,000 for the death of her son, and $215 for expenses). Therefore, your committee recommend favorable consideration to the proposed bill.

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

Post OFFICE DEPARTMENT,

Washington, D. C., February 15, 1944. Hon. Dan R. McGEHEE,

Chairman, Committee on Claims,, House of Representatives. MY DEAR MR. McGEHEE: In compliance with the request of your committee dated January 11, I transmit for consideration with H. R. 3929 all papers on file in the Department relating to the claim of Mrs. Katherine Scherer, of Chicago, Ill., in the amount of $5,215, arising out of an accident involving a United States mail truck which occurred on May 14, 1943, and in which Albert Scherer, the 13-year-old son of the claimant, sustained fatal injuries.

It appears from the facts disclosed in the investigation of this case that the postal chauffeur, operating a 3-ton truck, was backing in Lutz Place, a very narrow alley leading to the loading door of a postal station, when the truck collided with the claimant's son, who was passing through this alley at the same time, tossing a ball back and forth to two other boys. The investigation further developed that the approach to this postal station is an extremely dangerous one because of the narrowness of the alley and should have been undertaken only with the exercise of the greatest care. Although the postal chauffeur was exonerated by the corner's jury of criminal negligence, it is apparent that in backing a distance of some 150 feet without stopping from time to time, without sounding his horn, and without keeping the area to the rear of his truck under continuous observation, he was not using that degree of care which the situation demanded.

In the circumstances it is believed that the pending bill should receive favorable consideration. However, this Department is not disposed to recommend any particular amount as constituting a sufficient award, believing that the amount of compensation awarded in the case of a death is properly determinable as a matter of legislative policy.

It has been ascertained from the Bureau of the Budget that this report is in accord with the program of the President. Very truly yours,

K. P. ALDRICH, Acting Postmaster General.

Post OFFICE DEPARTMENT,
BUREAU OF THE CHIEF INSPECTOR,

Chicago, III., July 16, 1943. Chicago, Ill.: Accident, May 14, 1943, involving United States mail truck driven

by Driver-Mechanic Harry McMillan, which ran over and killed Albert Scherer,

12 years of age. INSPECTOR IN CHARGE,

Chicago, Ni. 1. Preliminary reports in this case were submitted on May 24, 28, and June 4, 1943.

2. The file contains a photostatic copy of testimony taken at the coroner's inquest, as well as statements of principals and witnesses and the necessary forms

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