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of about 25 miles per hour. At about this time, a Ford sedan, owned by William E. Search and Alice Haiset Search and operated by William E. Search, with Mr. Search's three minor daughters, Marion, Pauline, and Virginia, and one other girl as passengers, was proceeding on its right side of the road in the opposite direction on the above-mentioned county road at a speed of about 15 miles per hour. Vision around the curve was obstructed by high weeds growing on the roadside. When the Government driver observed the Ford sedan, he applied his brakes, but the time was too short to make any othe. effort to avoid an accident, and the two vehicles met in collision, thereby causing the personal injuries complained of.

Four separate claims were filed by Mr. Search with the War Department. One in the amount of $673.50 was for Mr. Search's own personal injuries. This claim was supported by hospital, medical, dental, and ainbulance service bills in the amount of $673.50. None of these bills had, apparently, been paid. The second claim was in behalf of Marion Search in the amount of $500 for personal injuries. This claim was supported by hospital, medical, dental, and ambulance service bills, none of which had apparently been paid, in the amount of $263.50. The third claim was in behalf of Pauline Search in the amount of $1,000 for personal injuries. This claim was supported by hospital, medical, dental, and ambulance service bills, none of which had apparently been paid, in the amount of $237, and by a statement by a dental surgeon that the upper and lower plates would have to be later replaced at a cost of approximately $250. The fourth claim was in behalf of Virginia Search in the amount of $100 for personal injuries and was supported by medical and ambulance service bills, none of which had apparently been paid, in the amount of $37.

The injuries sustained by Mr. Search and his three daughters, according to two civilian physicians, Drs. James S. Noblitt and Hawthorne C. Wallace, were as follows:

William Search, age 48: Two lacerations of the scalp about the vertex, respectively, 3 inches and 1 inch long. Stellate laceration of the upper left eyelid. Small laceration of the skin of the left, small finger. Laceration of the upper lip, about 1 inch long. Loss of the 2 central upper incisors. Fracture of the left acetabulum. Fracture of the transverse process of the second, third, and fourth lumbar vertegrae.

Marion Search, age 14: Stellate laceration of the right upper eyelid. Laceration below the nose. Fracture of the left radius. Basal skull fracture.

Pauline Search, age 12: Laceration of the lower lip. Fracture of the superior maxilla near the midline with fracture of the alvéolar margins of both jaws. Loss of the upper incisors, the left and right cuspids and the first bicuspids above. There is a loss of the two central incisors and two lateral incisors, lower jaw.

Virginia Search age 9: Laceration of forehead, about 1 inch long. Fracture of the right clavicle.

On March 17, 1939, an Army medical officer, First Lt. Noel D. Moran, Medical Reserve, submitted the following report on Mr. Search:

"I examined William E. Search this date and find no physical disability of serious nature. He was injured in an automobile accident June 24, 1938, suffering the following injuries: Two lacerations of the scalp about the vertex, respectively 3 inches and 1 inch long. Stellate laceration of the upper left eyelid. Small laceration of the skin of the left small finger. Laceration of the upper lip, about 1 inch long. Loss of the four central upper incisors. Fracture of the left acetabulumi. Fracture of the transverse process of the second and third and fourth lumbar vertebrae. As a result of the above injuries he was off duty from June 24 to September 27, 1938.

"The lacerations have healed with hardly noticeable and no deforming scars, the lost teeth have been replaced by artificial dentures, and the fractures have healed in good functional and anatomical position. There is no limitation of motion in the left hip or of the spinal column. Objective symptoms are negligible. Physicians who have attended Mr. Search concur with my own opinion that no permanent disability has resulted and that there is very little possibility of medical attention being needed in the future as a result of the injuries sustained in the above accident.

"Subjective symptoms are numbness above the left eye, an occasional dull ache in the left hip, and occasional backache in the morning before arising. Mr. Search

has noticed that he is unable to make a quick movement on the left hip joint and states that he often has a tired feeling in his hip and back. It is the opinion of former attending physicians and myself that in time these symptoms will disappear."

On November 7, 1938, this medical officer submitted a report on Mr. Search's three daughters, as follows:

"I certify that on this date I have examined Marion Search, who suffered a stellate laceration of the right upper eyelid, laceration below the nose, fracture of the left radius, and a basal skull fracture in an automobile accident on June 24, 1938. The lacerations have left no deformity and there has been practically no scarring. The fracture of the left radius has healed completely, there being good alinement and normal function. The callus can be palpated and appears as a slight bulge on the lateral side of the forearm. The basal skull fracture has healed, no pathological findings being elicited as a result of the fracture. Other physical findings are normal.

"I further certify that on this date I have examined Pauline Search who suffered a laceration of the lower lip; fracture of the superior maxilla, near the midline with fracture of the alvéolar margins of both jaws; loss of the upper incisors, the left and right cuspids and the first bicuspids above: and loss of the two central incisors and two lateral incisors, lower jaw, in an automobile accident on June 24, 1938. The fracture of the palate was reduced and has healed in a manner to give normal function. The loss lf teeth has been repaired by partial upper and lower plates and speech, breathing, chewing and swallowing can now be carried on by this patient in a normal manner. There is a small stellate scar, about a centimeter in breadth, in the lower lip just lateral to the mid-line, which causes no deformity and is but slightly disfiguring. Other physical findings are

normal.

"I further certify that on this date I have examined Virginia Search who suffered a laceration of the forehead, about 1 inch long, and a fracture of the right clavicle in an automobile accident on June 24, 1938. The laceration has left a thin scar approximately three-fourths inch long on the left forehead which is not deforming and only slightly disfiguring. The fracture of the right clavicle has healed in good alignment and the function of the bone has not been impaired. Other physical findings are normal.

"I have examined the medical records and X-rays of the above persons and in my opinion, which is concurred in by Dr. Hawthorne C. Wallace, M. D., and Dr. J. S. Noblitt, M. D., there will be no future treatment needed or future pathological conditions developed by Marion Search and Virginia Search as a result of injuries sustained in the above-mentioned accident.

"In the case of Pauline Search it is my opinion, which is concurred in by Drs. Wallace and Noblitt, and the attending dentist, Dr. W. F. Peacock, D. D. S., that her upper plate will have to be changed in 2 years and again 3 years later due to changes caused by the development of her palate. The cost of these two changes will total approximately $150. Due to development of the lower jaw the lower plate will have to be replaced in about 4 years with a fixed bridge. The repair and replacement will cost approximately $100.

"I have examined the charges made in the care and treatment of the above persons and they are reasonable for this locality. The estimate of the cost of dental treatment in the case of Pauline Search is reasonable for this locality and somewhat below the charges made in larger cities for this type of work."

Upon review in the War Department, it was the view of the Department that the four claims must be considered as one claim in behalf of Mr. Search. Under the act of June 28, 1937 (50 Stat. 319), the only act applicable to this claim, medical and hospital expenses are the only elements of damage for personal injury which are compensable, and $500 is the maximum amount the War Department is authorized to approve. The right to recover these expenses in the case of an unemancipated child was held to reside in the parent. The War Department, therefore, approved the four claims as one claim, in the amount of $500, provided Mr. Search agreed to accept this amount in full satisfaction and release of his claim for property damage, medical, hospital, and ambulance expenses for himself and on behalf of his three daughters arising as a result of this accident. Mr. Search has failed to accept the award of $500.

It is the view of the Department that the accident was due to negligence on the part of the Government driver in driving on the wrong side of the road while proceedig around a curve, and that there was no negligence on the part of Mr. Search. Under the circumstances, the War Department will interpose no objection to the enactment of legislation for the relief of Mr. Search and his three daughters in such amount as the Congress, in its discretion, having reference to the medical evidence in this case, may deem proper to allow.

Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

STATE OF INDIANA,

County of Montgomery, ss:

The affiant, being duly sworn by law, states the following facts, to wit:
That he is a resident of Waveland, Ind., and is over the age of 21 years.

That he has personal knowledge that one William E. Search, of Waveland, Ind., was injured through the negligence of a driver of a Civilian Conservation Corps truck, near Waveland, Ind., on June 24, 1938, and that the said William E. Search did, at that time, sustain the following injuries, to wit:

Two lacerations of the scalp about the vertex, respectively, 3 inches and 1 inch long. Stellate laceration of the upper left eyelid. Small laceration of the skin of the small left finger. Laceration of the upper lip about 1 inch long. Loss of four central upper incisors. Fracture of the left acetabulum, fracture of the transverse process of the second, third, and fourth lumbar vertebrae. Numerous small lacerations and bruises. Severe shock.

The affiant further states that he has recently examined the said William E. Search and finds his present condition to be as follows:

Injury to vertebrae and acetabulum causes marked reduction of movement of spinal column, left leg, knee and hip joints. Unable to resume activities of former profession. Aggrevated nervous condition when under tension causes headaches, stomach disorders and sleeplessness. Limits activities needing prolonged concentration. Dental plates due to loss of teeth. Scars on head and face.

Affiant further states that at the time of said injuries to said William E. Search he was a regular practicing physician, licensed under the laws of the State of Indiana, and that he attended the said William E. Search immediately following the accident, and this affidavit is made in connection with the claim pending in the United States Congress by the said William E. Search for compensation for said injuries so received.

Further the affiant saith not.

Done in Waveland, Ind., this 22d day of March 1943.

STATE OF INDIANA,

County of Montgomery, ss:

JAMES S. NOBLITT, M. D.

Comes James S. Noblitt, the affiant, and swears that the statements contained herein are true.

Witness my hand and seal this 23d day of March 1943. [SEAL]

THOS. N. JOHNSON,

Notary Public, Montgomery County, Ind.

My commission expires September 10, 1946.

STATE OF INDIANA,

County of Ripley, ss:

The affiant, after being duly sworn according to law, states the following facts to wit:

That he is a resident of Versailles, Ind., and is over the age of 21 years.

That he has personal knowledge that one William E. Search, of Waveland, Ind., was injured through the negligence of the driver of a Civilian Conservation Corps truck, near Waveland, Ind., on June 24, 1938, and that the said William E. Search did, at that time, sustain the following injuries, to wit:

Two lacerations of the scalp about the vertex, respectively, 3 inches and 1 inch long. Stellate laceration of the upper left eyelid. Small laceration of the skin of the left small finger. Laceration of the upper lip, about 1 inch long. Loss of four central upper incisors. Fracture of left acetabulum.

Fracture of the transverse process of the second, third, and fourth lumbar vertebrae.

The affiant further states that he has recently examined the said William E. Search and he finds his present condition as follows:

1. Limitation of movement of spinal column, left leg, knee and hip joints. About 50 percent loss of flexion of left knee. Condition due to fracture of second, third, and fourth lumbar vertebrae.

2. Dental plates above due to loss of central incisors.

3. General loss of nerve control limits activities which require concentration or prolonged mental effort.

Affiant further states that he is a regular practicing physician, licensed under the laws of the State of Indiana. That at the time of the accident he was employed as a camp surgeon for the Civilian Conservation Corps and was a member of the investigating board, duly appointed by the War Department of the United States to investigate the cause of the accident and the extent of the injuries thereof. That this affidavit is made in connection with a claim pending in the United States Congress by the said William E. Search, for compensation for said injuries so received.

Further the affiant sayeth not.

Done in Versailles, Ind., this 25th day of March 1943.

STATE OF INDIANA,

County of Ripley ss:

NOEL D. MORAN.

Comes Noel D. Moran the affiant and swears that the statements contained herein are true.

Witness my hand and seal this 25th day of March 1943.

My commission expires March 1, 1947. [SEAL]

ROWLAND H. JACKSON,

Notary Public, Ripley County, Ind.

STATE OF INDIANA,

County of Montgomery, ss:

The affiant, being duly sworn by law, states the following facts, to wit: That he is a resident of Waveland, Ind., and is over the age of 21 years. That he has personal knowledge that one Marion Search, of Waveland, Ind., was injured through the negligence of a driver of a Civilian Conservation Corps truck, near Waveland, Ind., on June 24, 1938, and that the said Marion Search did, at that time, sustain the following injuries, to wit:

Stellate laceration of the upper right eyelid. Laceration below the nose. Fracture of the left radius. Basal skull fracture.

The affiant further states that he has recently examined the said Marion Search, and finds her present condition to be as follows:

Frequent severe headaches, lasting for several days, difficult to relieve. Followed by painful stomach disorders. Condition due to basal skull fracture. Deformity of left forearm.

Prominent scars on upper left evelid and upper lip.

Affiant further states that at the time of said injuries to said Marion Search he was a regular practicing physician, licensed under the laws of the State of Indiana, and that he attended the said Marion Search, immediately following the accident, and this affidavit is made in connection with the claim pending in the United States Congress by the said Marion Search for compensation for said injuries so received.

Further the affiant sayeth not.

Done in Waveland, Ind., this 22d day of March 1943.

STATE OF INDIANA,

County of Montgomery, ss:

JAMES S. NOBLITT, M. D.

Comes James S. Noblitt, the affiant, and swears that the statements contained herein are true.

Witness my hand and seal, this 23d day of March, 1943. [SEAL]

THOS. N. JOHNSON,

Notary Public, Montgomery County, Ind.

My commission expires September 10, 1946.

STATE OF INDIANA,

County of Ripley, ss:

The affiant, after being duly sworn according to law, states the following facts, to wit:

That he is a resident of Versailles, Ind., and is over the age of 21 years. That he has personal knowledge that one Marian Search, of Waveland, Ind., was injured through the negligence of the driver of a Civilian Conservation Corps

truck, near Waveland, Ind., on June 24, 1938, and that the said Marian Search did, at that time sustain the following injuries, to wit:

Stellate laceration of the upper eyelid, right.

Laceration below the nose.

Fracture of left radius.

Basal skull fracture.

The affiant further states that he has recently examined the said Marian Search and he finds her present condition as follows.

1. Occipital headaches, feeling of fullness in head, dizziness on stooping over. Headaches followed by nausea and pain over stomach.

2. Some deformity in left forearm, due to fracture of left radius.

3. Scars on upper left eyelid and lip.

Affiant further states that he is a regular practicing physician, licensed under the laws of the State of Indiana. That at the time of the accident he was employed as a camp surgeon for the Civilian Conservation Corps and was a member of the investigating board, duly appointed by the War Department of the United States to investigate the cause of the accident and the extent of the injuries thereof. That this affidavit is made in connection with a claim pending in the United States Congress by the said Marian Search, for compensation for said injuries so received.

Further the affiant sayeth not.

Done in Versailles, Ind., this 25th day of March, 1943.

STATE OF INDIANA,

County of Ripley, ss:

NOEL D. MORAN.

Comes Noel D. Moran, the affiant, and swears that the statements contained herein are true.

Witness my hand and seal, this 25th day of March, 1943.
My commission expires March 1, 1947.
[SEAL]

ROWLAND H. JACKSON,

Notary Public, Ripley County, Ind.

STATE OF INDIANA,

County of Montgomery, ss:

The affiant, being duly sworn by law, states the following facts, to wit: That he is a resident of Waveland, Ind., and that he is over the age of 21 years. That he has personal knowledge that one Pauline Search, of Waveland, Ind., was injured through the negligence of the driver of a Civilian Conservation Corps truck, near Waveland, Ind., on June 24, 1938, and that said Pauline Search, did, at that time, sustain the following injuries, to wit;

Laceration of the lower lip. Fracture of the superior maxilla, near the midline, with fracture of the alveolar margins of both jaws. Loss of the upper incisors, the left and right cuspids and the first bicuspids above. There is a loss of the two central incisors and the two lateral incisors, lower jaw.

The affiant further states, the he has recently examined the said Pauline Search, and finds her present condition to be as follows:

Loss of teeth necessitating upper and lower dental plates. Injury to bone causes difficulty in making plates satisfactory. Requires repeated changes and causes much discomfort, sensitiveness, and embarrassment. Prominent ugly scar on lower lip.

Affiant further states, that at the time of the said injuries to said Pauline Search, he was a regular practicing physician, licensed under the laws of the State of Indiana, and that he attended the said Pauline Search, immediately following the accident, and this affidavit is made in connection with the claims pending in the United States Congress by the said Pauline Search, for compensation for said injuries so received.

Further the affiant sayeth not.

Done in Waveland, Ind., this 22d day of March 1943.

STATE OF INDIANA,

County of Montgomery, ss:

JAMES S. NOBLITT, M. D.

Comes James S. Noblitt, the affiant, and swears that the statements contained herein are true.

Witness my hand and seal, this 23d day of March 1943. [SEAL]

THEO W. JOHNSON,

Notary Public, Montgomery Co., Ind.

My commission expires September 10, 1946.

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