"Examination: The patient was confused and in deep traumatic shock and although stimulants were given, the patient lived less than an hour after admission to the hospital. "In our opinion death was due to: "1. Traumatic shock due to (1) crushing injury to right side of chest with discoloration and air emphysema and evidence of many fractured ribs; (2) compound fracture of the right leg; (3) fracture and dislocation of left ankle; (4) contusion to head with discoloration about the right eye; (5) lacerations of right eyebrow and right cheek; (6) abrasion of the right side of the head, right elbow, right and left hands.' STATE OF ILLINOIS, County of Cook, ss: (Signed) Dr. JAMES F. DE PREE. William B. Henry, being first duly sworn, on oath deposes and says that he is and for more than 12 years last past has been engaged in the practice of law in Chicago; that he is familiar with and understands the public records of the coroner's office of Cook County; that he personally examined said records and that the foregoing is a true, accurate and complete copy of the statement of Dr. James F. De Pree, attending physician of Clarence Waldrep, from the time of his injury until his death, as set forth in said record. WILLIAM B. HENRY. Subscribed and sworn to before me this 30th day of March, A. D. 1939. [SEAL] D. PARRY, Notary Public. STATE OF ILLINOIS, County of Cook, ss: AFFIDAVIT Harry Fairfield, being first duly sworn, on oath deposes and says: That on May 4, 1938, at about 7:30 p. m., he was driving south on Western Avenue and saw the car driven by Mr. Rossner strike Clarence Waldrep, who was standing on the south-bound safety island on Western Avenue at the intersection with Grand Avenue. Affiant further states that when he first saw Rossner's car it swerved to the south end of the island, went up over the island and struck Waldrep; that the impact knocked Waldrep's body so high above the top of affiant's car that he lost sight of it for a minute and that the body fell beneath affiant's car. Affiant further states that he was slowing down to stop back of another car and that the traffic light for Western Avenue traffic was amber. Affiant further states that he saw no car ahead of that driven by Rossner, nor any car making a left turn in the intersection. HARRY E. FAIRFIELD, Jr. Subscribed and sworn to before me this 29th day of March A. D. 1939. [SEAL] NATHAN GRODSKY, Notary Public. STATE OF ILLINOIS, County of Cook, ss: AFFIDAVIT Helen Fairfield, being first duly sworn, on oath deposes and says: That about 7:30 p. m., May 4, 1938, she was riding in the front seat of an automobile driven by her brother, traveling south on Western Avenue; that as they approached Grand Avenue the traffic lights controlling Western Avenue traffic were red; that the car in which she was riding was slowing down for the traffic lights and the car ahead had stopped for the lights when she observed Rossner's car in about the middle of the intersection of Grand Avenue, traveling diagonally toward the south end of the south-bound safety island, going very fast. Affiant further states that she saw Rossner's car strike Waldrep on the safety island; that she did not see any car making a left turn in the intersection. HELEN M. FAIRFIELD. Subscribed and sworn to before me this 29th day of March A. D. 1939. [SEAL] NATHAN GRODSKY, Notary Public. STATE OF ILLINOIS, County of Cook, ss: AFFIDAVIT William Tkachuk, being first duly sworn, on oath deposes and says: That on May 4, 1938, he was driving in a southerly direction on Western Avenue; that at about 7:30 p. m. he had reached the intersection of Grand and Western Avenues; that he stopped his vehicle between the south-bound safety island and the west curb of Western Avenue, facing south and just north of Grand Avenue, waiting for the traffic lights. That while in this position, waiting for the traffic lights, he saw a car driven by Mr. Rossner, about 200 feet south of Grand Avenue, traveling north on Western Avenue along the north-bound streetcar track; that Rossner's car appeared to be speeding and there was a man there hollering at him for speeding. That when Rossner's car was about 50 feet south of the intersection a Ford car was making a left turn into Grand Avenue, going east, and was then on the northbound streetcar track on Western Avenue; that Rossner, instead of stopping, turned to the left and drove down the south-bound safety island striking Clarence Waldrep who was then standing on the safety island, throwing him up into the air and back of his machine; that Rossner's car continued northward and came to a stop on the safety island near the north end. Affiant further states that he is employed as a truck driver for the Leon Sausage Co. and has been driving motor vehicles for 8 years. WILLIAM TKACHUK. Subscribed and sworn to before me this 10th day day of March, A. D. 1939. [SEAL] STEPHEN TKACHUK, Notary Public. VERDICT OF CORONER'S JURY IN RE THE DEATH OF CLARENCE Waldrep From the testimony presented, we, the jury, believe that said Clarence P. Rossner did not use proper care and caution in the operation of said LincolnZephyr, but do not believe said lack of care and caution amounted to criminal negligence, so, therefore, find said occurrence was an accident. William B. Henry, being first duly sworn, on oath deposes and says that he is and for more than 12 years last past has been engaged in the practice of law in Chicago; that he is familiar with and understands the public records of the coroner's office of Cook County; that he personally examined said records and that the foregoing is a true, accurate, and complete copy of the verdict of the jury in re the death of Clarence Waldrep. WILLIAM B. HENRY. Subscribed and sworn to before me this 30th day of March, A. D. 1939. [SEAL] D. PARRY, Notary Public. EXCERPT OF TESTIMONY OF CLARENCE P. ROSSNER, INVESTIGATOR, INTERNAL REVENUE DEPARTMENT, UNITED STATES GOVERNMENT, GIVEN BEFORE a corONER'S JURY OF COOK COUNTY AT A CONTINUED HEARING ON MAY 20, 1938, DEPUTY CORONER E. F. INGLES PRESIDING. (Mr. Rossner, after testifying that he was an investigator for the U. S. Government, gave the following testimony:) Examination by Attorney Daniel Glasser, representing Mr. Rossner. Q. Do you know the license number of that car, offhand?-A. 223-123 Illinois $38. Q. Are you the owner of that car?—A. I am not. Q. Who is the owner?-A. The United States Government. Q. How often do you drive that car?-A. I drove it every day for about a month. Q. At the time of this occurrence, were you on duty?-A. Beg pardon? Q. At the time of this occurrence, were you on duty?-A. I was. Cross-examination by Attorney William B. Henry representing the family of deceased. Q. The United States Government-by the way, you say you are an investigator what department?-A. Internal Revenue. Q. And the Government furnishes you this car for you to use in pursuance of your duties, is that right?-A. Yes sir. Q. That is what you were doing at that particular time, is that right?—A. Yes. Q. Were you on Government business? A. Yes sir. STATE OF ILLINOIS, County of Cook, ss: William B. Henry, being first duly sworn, on oath deposes and says that he is and for more than 12 years last past has been engaged in the practice of law in Chicago; that he is familiar with and understands the public records of the coroner's office of Cook County; that he personally examined said records and that the foregoing is a true and accurate copy of an excerpt of the testimony of Clarence P. Rossner, investigator, Internal Revenue Department, United States Government, given before a coroner's jury of Cook County, on May 20, 1938. WILLIAM B. HENRY, Subscribed and sworn to before me this 14th day of April A. D. 1939. Notary Public. APRIL 25 (legislative day, APRIL 24), 1940.-Ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following REPORT [To accompany S. 3443] The Committee on Claims, to whom was referred the bill (S. 3443) for the refile of William A. Wheeler, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The purpose of the bill is to pay to William A. Wheeler, of Hurricane, W. Va., the sum of $600 in full satisfaction of his claim against the United States for injuries suffered when acting on May 8, 1939, as a volunteer fire fighter in an explosion of a kerosene tank on a Works Progress Administration road project in attempting to save property endangered by the explosion. The records of the Department show that on May 8, 1939, in Hurricane, W. Va., asphalt, which was being heated by Works Progress Administration employees for use on a street project, caught fire; that the volunteer fire department of Hurricane, W. Va., was called; that, while its members were preparing to extinguish the fire, the kerosene tank of the asphalt heater exploded, shooting flames through the air; that these flames ignited the clothing of Harry Lee Dunfee, a Works Progress Administration project employee, and William A. Wheeler, a member of the fire department whose status was that of a volunteer fire fighter; and that, as a result, Mr. Wheeler sustained burns about the backs of his hands and fingers and about his face, head, and neck. Medical treatment was rendered to Mr. Wheeler until June 16, 1939, by Dr. R. W. Bailey, whose fee therefor was $119. Since Mr. Wheeler was not an employee of the Works Progress Administration, he was not entitled to the compensation benefits provided by the Federal Government, as was the injured project employee, Harry Lee Dunfee. From a statement made by Dr. R. W. Bailey, of Hurricane, W. Va., dated February 9, 1940, it appears that Mr. Wheeler has suffered a permanent disability. Dr. Bailey's statement is, in part, as follows: * * * At present all burns are healed but there are thick scars on the backs of both hands and fingers. The burned areas originally were the backs of the hands and wrists and the face, head, and neck from the collar to the hat brim. The remaining scars of the face and neck are small ones behind each ear and in the folds of the neck. The scars of the back of the hands prevent closing the hands well and require care in protecting them from scratching, abrasions, bruises, etc. The scars of the neck limit motion in turning the neck slightly. These results of the burns will be permanent. Also a permanent disability is his loss of grip in both hands due to the above-mentioned injuries. Careful consideration has been given to all the facts in this case and your committee believe that it is fully warranted in recommending that Mr. Wheeler be compensated for his injuries. The amount appears to be reasonable. The facts are fully set forth in the following communications, which are appended hereto and made a part of this report. The Honorable EDWARD R. BURKE, FEDERAL WORKS AGENCY, Chairman, Committee on Claims, United States Senate. MY DEAR SENATOR BURKE: Your records will disclose your communication o February 27, 1940, and my acknowledgment of March 1, 1940, relative to S. 3443, a bill for the relief of William A. Wheeler. The Administration's report is as follows: The bill proposes to appropriate the sum of $600 to William A. Wheeler, of Hurricane, W. Va., "in full satisfaction of his claim against the United States for injuries suffered when acting on May 8, 1939, as a volunteer firefighter in an explosion of a kerosene tank on a Works Progress Administration road project in attempting to save the property endangered by the explosion.' It is established that, on May 8, 1939, in Hurricane, W. Va., asphalt, which was being heated by Works Progress Administration employees for use on a street project, caught fire; that the volunteer fire department of Hurricane, W. Va., was called; that, while its members were preparing to extinguish the fire, the kerosene tank of the asphalt heater exploded, shooting flames through the air; that these flames ignited the clothing of Harry Lee Dunfee, a Works Progress Administration project employee, and William A. Wheeler, a member of the fire department whose status was that of a volunteer firefighter; and that, as a result, Mr. Wheeler sustained burns about the backs of his hands and fingers and about his face, head, and neck. Medical treatment was rendered to Mr. Wheeler until June 16, 1939, by Dr. R. W. Bailey, whose fee therefor was $119. Since Mr. Wheeler was not an employee of the Works Progress Administration, he was not entitled to the compensation benefits provided by the Federal Government, as was the injured project employee, Harry Lee Dunfee. It is clear from the foregoing that, even if the fire were caused by the negligence of project employees, no legal liability for Mr. Wheeler's injuries rests upon the Administration, since Mr. Wheeler, as a volunteer member of the fire department, assumed all risks entailed in fighting the fire in question. In view thereof, passage of the proposed legislation would be tantamount to the granting of a gratuity to Mr. Wheeler. Accordingly, since it is believed that your committee is in a better position to determine the advisability of such action, the Administration refrains from recommending for or against the enactment of the bill. There are enclosed herewith photostatic copies of pertinent papers. In some instances, these copies are photostats of certified true copies of the originals because the latter were submitted to the United States Employees' Compensation Commission in connection with the claim of Harry Lee Dunfee. Sincerely yours, J. OTIS GARBER, (For Corrington Gill, Assistant Commissioner). STATEMENT OF JOHN D. HARRIS I, John D. Harris, of Hurricane, W. Va., am employed as an assistant superintendent by the Works Progress Administration of Putnam County, W. Va. Since about March 1, 1939, I have been in charge of project No. 2457, a streetconstruction project in Hurricane. |