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REBECCA A. KNIGHT AND MARTHA A. CHRISTIAN

MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany S. 1281]

The Committee on Claims, to whom was referred the bill (S. 1281) for the relief of Rebecca A. Knight and Martha A. Christian, 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 $7,500 to Rebecca A. Knight and Martha A. Christian, both of Durham County, N. C., in full settlement of all claims against the United States for compensation for the deaths of their mother and stepfather, Lena U. Hare and William E. Hare, who died from injuries sustained by them when they were struck by a United Staes Marine Corps truck at a point on the Goldsboro Highway near Kinston, N. C., on July 1942.

19,

The facts will be found fully set forth in Senate Report No. 736, of the Seventy-eighth Congress, second session, which is appended hereto and made a part of this report.

Your committee concurs in the recommendation of the Senate.

(S. Rept. No. 736, 78th Cong., 2d sess.]

STATEMENT OF FACTS

It appears from the records of the Navy Department that on July 19, 1942, a Marine Corps truck was being operated by a member of the shore patrol in Kinston, N. C. While driving on United States Highway No. 70, the driver, Private First Class Hale, momentarily dozed off and lost control of the vehicle, which ran off the highway, struck a tree, and then struck both Mr. and Mrs. Hare, who were standing in the rear of their parked automobile. Both died as a result of the injuries. The Navy Department states that the responsibility for the accident appears to rest on the driver of the Government vehicle; it interposes no objection to the enactment of the bill in such amount as the Congress may deem appropriate.

Appended hereto is the report of the Navy Department, together with other evidence. Additional documents and photographs are on file in the office of the Secretary of the Senate.

NAVY DEPARTMENT,
OFFICE OF THE SECRETARY,
Washington, August 9, 1943.

Hon. ALLEN J. ELLENDER,

Chairman of the Committee on Claims,

United States Senate.

MY DEAR MR. CHAIRMAN: The bill S. 1281 for the relief of Rebecca A. Knight and Martha A. Christian was referred to the Navy Department by your committee with request for the opinion of the Navy Department as to its merits.

The purpose of the proposed legislation is to pay to Rebecca A. Knight and Martha A. Christian, both of Durham County, N. Č., the sum of $10,000, in full satisfaction of their claim against the United States for compensation for the deaths of their mother and stepfather, Lena U. Hare and William E. Hare, who died from injuries sustained by them when they were struck by a United States Marine Corps truck at a point on the Goldsboro Highway near Kinston, N. C., on July 19, 1942.

It appears from the records of the Navy Department that on the date named in the bill Marine Corps truck No. 40314 was being operated by Pvt. (1st cl.) Roy L. Hale, United States Marine Corps, on duty as a member of the shore patrol in Kinston, N. C.

While driving on United States Highway No. 70, about 11⁄2 miles west of Kinston, N. C., Private First Class Hale momentarily dozed off and lost control of the truck, which ran off the highway, struck a tree, and then struck both Mr. and Mrs. W. E. Hare, who were standing in the rear of their parked automobile. Both individuals died as a result of the injuries sustained in said accident. The circumstances of the accident were investigated by a board appointed for that purpose. As a result of its deliberations the board found that Private First Class Hale was not under the influence of intoxicants of any kind but, due to lack of sleep and apparent fatigue, he momentarily dozed off and lost control of

the truck.

While the responsibility for the accident appears to rest on the driver of the Government vehicle, attention is invited to the provisions of sections 160 and 161 of the North Carolina Code on the subject of damages recoverable for death by wrongful act.

Section 161 of the code reads:

"The plaintiff in such action may recover such damages as are a fair and just compensation for the pecuniary injury resulting from such death" (Rev., sec. 60; Code, sec. 1499; 1868-9, ch. 113, sec. 71; R. C., ch. 1, sec. 10).

The Navy Department has no information available as to the pecuniary injury sustained by the two claimants named in the bill by reason of the deaths of their mother and stepfather and therefore is unable to recommend any specific amount for their relief.

The cost of the proposed legislation is $10,000.

In view of the foregoing, and as a member of the Marine Corps is found to be responsible for the deaths of the decedents named in the bill, the Navy Department interposes no objection to the enactment of the bill S. 1281 in such amount as the Congress may deem appropriate.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation.

Sincerely yours,

FORRESTAL, Acting

NORTH CAROLINA,

Durham County:

Rebecca A. Knight, being first duly sworn, says:

That Lena Upchurch was born on January 28, 1886; that said Lena Upchurch was married to John Arnold on September 27, 1906, and two children were born to said marriage, to wit: Lillian Rebecca Arnold (who was born on August 4, 1907, and is now Mrs. Rebecca A. Knight), and Martha Lenora Arnold (who was born on November 21, 1908, and is now Mrs. Martha A. Christian); that said John Arnold, father of this affiant, and her sister, died June 21, 1910; that

affiant's said mother was married to William E. Hare, July 23, 1911, at a time when said affiant was less than 4 years of age and when her said sister was less than 3 years of age; that the above information is contained in the family Bible; that said affiant and her sister are now citizens and residents of Durham County, N. C.;

That said William E. Hare and Lena U. Hare lived together as husband and wife from as far back as this affiant is able to remember until the date of the death of Lena U. Hare on July 19, 1942; that said affiant and her sister lived with their stepfather, William E. Hare, and their mother, Lena U. Hare, until the dates of their respective marriages; that this affiant and her sister have no recollection of their own father and have always been treated and cared for by William E. Hare as if they were his own children; that this family relationship, which existed prior to the marriage of her sister and the marriage of herself, continued to exist even after the marriages of this affiant and her sister until the deaths of their mother and stepfather; that affiant and her sister were interested in the welfare of their stepfather to the same extent as they were interested in their mother even after they were married and left home; that said William E. Hare had no children of his own and continued to treat this affiant and her sister as his own children by his kindness, attentiveness, and generosity toward them; that said William E. Hare's love and affection for his two stepdaughters is evidenced to some extent by his words and actions which are contained and revealed in his last will and testament dated August 14, 1925, a certified copy of which is attached hereto;

That said William E. Hare and wife, Lena U. Hare, were in good health prior to the date of the accident on July 19, 1942, near Kinston, N. C., which caused their deaths.

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Rebecca A. Knight, being first duly sworn, says:

That she is a citizen of Durham County, N. Č.; that she is the duly appointed and acting administratrix c. t. a. of the estate of William E. Hare, deceased, and administratrix of Lena U. Hare, deceased; that a certified copy of the letters of administration in connection with each estate is hereto attached; that the following expenses were incurred as a direct result of the accidental deaths of the said Lena U. Hare and William E. Hare on July 19 and 20, 1942:

Edwards Funeral Home, ambulance service

Drs. Mike Lee, M. C. Parrott, and B. C. West, professional services-

F. Fulcher Pate, day nurse

Mrs. George Canady, night nurse.

Parrott Hospital, nurses' board..

Clyde Kelly Funeral Home..

City of Durham, lot and opening graves.

Jenkins-Jones Motor Corporation, towing auto, etc.

Parnell Studio, pictures of wrecked auto..

Durham Marble Works, monument..

Estimated damage to automobile_

Total...

$5.00 50.00

4. 00

6. 00

2.00

980. 00

201. 10

5. 00

14. 00

300. 00

184. 22

1, 751, 32

That all of the above-mentioned expenses, with the exception of the estimated damages to said automobile, have been paid by the undersigned.

REBECCA A. KNIGHT, Administratrix, c. t. a. of the_estate_of_William E. Hare, deceased, and administratrix of the estate of Lena U. Hare, deceased.

Subscribed and sworn to before me this the 10th day of June 1943. [SEAL]

My commission expires September 2, 1944.

JOSEPH M. STANCIL,

Notary Public.

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78TH CONGRESS 2d Session

HOUSE OF REPRESENTATIVES

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REPORT No. 1548

ANNE REBECCA LEWIS AND MARY LEWIS

MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. SAUTHOFF, from the Committee on Claims, submitted the

following

REPORT

[To accompany S. 1305]

The Committee on Claims, to whom was referred the bill (S. 1305) for the relief of Anne Rebecca Lewis and Mary Lewis, 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 $2,857.50 to Anne Rebecca Lewis, of Baltimore, Md., in full settlement of all claims against the United States for compensation for personal injuries and property damage sustained by her, and for reimbursement of medical, hospital, and other expenses incurred by her, as the result of an accident which occurred when her privately owned automobile which she was driving collided with a Navy patrol car at the intersection of Southwest First Street and Eighth Avenue, in Miami, Fla., on March 11, 1943; and the sum of $806.50 to Mary Lewis, of Baltimore, Md., who was riding as a passenger in such privately owned automobile at the time of the accident, as compensation for personal injuries sustained and for reimbursement of medical, hospital, and other expenses incurred by her as a result of such accident.

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