tenderness over crest of right ilium. Otherwise physical examination is entirely negative. Impression: No organic disease or abnormality except X-ray evidence of sclerosis, moderate, of sacroiliac joints, chronic; cause undetermined. "Report of neuropsychiatric consultation, R. C. Dispensary, Fort Devens, Mass., August 15, 1944.-Complaints: None; except for easy fatigability and slight weakness of right leg. No headaches or dizziness for past month. Neurological: Pupils equal; react to light and accommodation. No evidence of facial or other cranial nerve paralysis. Gait normal. Romley negative. No tremors. Reflexes equal and active. No clonus or Babinski. No loss of strength of extremities. No sensory disturbances. Impression: No evidence of neurological disorder. "The board finds that this patient has the following conditions: (1) Post concussion syndrome; history of automobile accident February 5, 1944; recovering from, easy fatigue; doing full duty as police officer at present time; (2) arthritis, sacroiliac joints, X-ray evidence of, chronic, cause undetermined." At the time of the accident Mr. O'Neil was 40 years of age. His regular occupa tion was that of a member of the police force of Leominster, Mass., in which capacity he earned $44.84 a week. In addition, it appears that he was doing extra work with the American Plastics Co., of Leominster, for which he received $27 a week. According to the chief of police of Leominster, Mr. O'Neil did not lose any salary as a result of the accident as "he was paid his straight salary during the time he was incapacitated." He claims to have lost his pay from the American Plastics Co. for a period of 10 weeks ($270) and to have expended a total of $324.50 for medical and hospital expenses. He has a wife and two sons, all of whom are entirely dependent upon him for their support. The evidence fairly establishes that this accident and the resulting injuries sustained by John J. O'Neil were not caused by any fault or negligence on his part but were caused solely by the negligence of the driver of the Army truck involved in said accident in failing to stop his vehicle upon approaching an intersection in obedience to a "Stop" sign. It is, therefore, the view of the Department of the Army that the claimant should be compensated in a reasonable amount for the damages sustained by him as a result of this accident. The proposed award of $10,000 stated in H. R. 1524 appears to be somewhat excessive. Considering the age and occupation of Mr. O'Neil, the nature of the injuries sustained by him, the medical and hospital expenses incurred, and the earnings lost, it is believed that an award in the amount of $1,344.50 ($324.50 for medical and hospital expenses; $270 for loss of earnings; and $750 for personal injuries and pain and suffering) would constitute a fair and reasonable settlement for all of the damages sustained by the claimant as a result of this accident. The Department, accordingly, would have no objection to the enactment of this bill if it should be amended to provide for an award to Mr. O'Neil in an amount not exceeding the sum of $1,344.50. The claimant has no remedy under the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. S. C. 921), for the reason that the accident in which he was injured occurred prior to January 1, 1945. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, MARCH 28 (legislative day, MARCH 18), 1949.-Ordered to be I inted Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 739] The Committee on the Judiciary, to whom was referred the bill (H. R. 739) for the relief of Mary Jane Harris, having considered the same report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to provide for the payment of $5,000 to Mary Jane Harris, widow of Richmond Glenn Harris, Sr., and is compensation for his death on December 11, 1943, as the result of an accident involving a United States Army vehicle. STATEMENT The decedent was riding as a passenger in a civilian vehicle on a highway in an area in which Army maneuvers were in progress. A heavy vehicle known as a tank destroyer was parked alongside the highway. It projected 21⁄2 feet out over the concrete slab. It was not equipped with lights or reflectors, and there were no flares, warning signals, or guards. It was raining and after dark, and the road and the tank destroyer were spattered with mud. The civilian car struck the Army vehicle and Harris was instantly killed. The facts are fully set forth in House Report No. 73, Eighty-first Congress, first session, and need not be printed here. 81ST CONGRESS 1st Session SENATE REPORT No. 180 B. JOHN HANSON MARCH 28 (legislative day, MARCH 18), 1949.-Ordered to be printed Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 745] The Committee on the Judiciary, to whom was referred the bill (H. R. 745) for the relief of B. John Hanson, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $500 to B. John Hanson, of Jamestown, N. Y., in full settlement of all claims against the United States for personal injuries sustained as a result of an accident involving a United States Civilian Conservation Corps truck, near Cattaraugus, N. Y., on April 19, 1941. STATEMENT The facts in this case are fully set forth below in the letter addressed to the House Judiciary Committee by the Department of the Army in connection with an identical bill of the Eightieth Congress. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, Washington, D. C., October 14, 1947. House of Representatives. DEAR MR. MICHENER: Reference is made to your letter enclosing a copy of H. R. 2070, Eightieth Congress, a bill for the relief of B. John Hanson, and requesting a report on the merits of the bill. This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, to B. John Hanson, Jamestown, New York, the sum of $500 in full settlement of all claims of the said B. John Hanson against the United States on account of personal injuries received by him on April 19, 1941, when the automobile in which he was riding was in collision with a Civilian Conservation Corps truck on Highway Route Numbered 18, two miles south of Cattaraugus, New York." On the evening of April 19, 1941, an enrollee of the Civilian Conservation Corps, who was a member of CCC Company 246c Camp S-116, Mansville, N. Y., took a Government truck without authority from his company area and drove it away from said camp on a personal mission of his own. At about 7:25 p. m. on the same date the truck was being driven in a northeasterly direction on State Highway No. 18, a two-lane road, about 2 miles south of Cattaraugus, N. Y. While the Government truck was rounding a curve it crossed the center line of the road and ran into an automobile owned and operated by Ivar G. Johnson which was approaching from the opposite direction and in which B. John Hanson was riding as a passenger. As a result of the accident the automobile of Ivar G. Johnson was damaged and Mr. Hanson sustained damage to his clothing and watch and received a fracture of his left wrist, fractures of four ribs, a cut on his left hand, and a cut on his head. By reason of this accident and the resulting injuries received by him, it appears that Mr. Hanson sustained the following losses and expenses: Damage to clothing and watch.. Dr. Ellwyn E. Heier, Cattaraugus, N. Y. Briggs Funeral Home, Cattaraugus, N. Y. (ambulance). Dr. Charles Winfield Dodge, Jamestown, N. Y......... Total_ $11.00 5.00 10.00 20.00 48.00 35. 15 129. 15 The board of officers which investigated this accident found that the accident was not caused by any fault or negligence on the part of Mr. Hanson or the driver of the automobile in which he was riding as a passenger but was due wholly to the negligence of the driver of the Government truck involved in the collision in that while rounding a curve he permitted said truck to pass over the center line of the road and crash into the oncoming civilian automobile. It appears that Mr. Hanson sustained no loss of earnings by reason of his injury in this accident. The claimant has no remedy under the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. S. C. 921), for the reasons that (1) the accident out of which his claim arose occurred prior to January 1, 1945, and (2) the Government vehicle responsible for the accident was being operated at the time of the collision by a member of the Civilian Conservation Corps outside the scope of his office or employment. There is no other statute available to the Department of the Army under which the claim may be administratively settled. The only method, therefore, by which the claimant may recover is through the enact ment of a private relief bill such as H. R. 2070. There is no legal responsibility on the part of the United States to compensate Mr. Hanson for the damages sustained by him. If, however, in the light of the foregoing facts, the Congress should deem it appropriate to grant relief in this case, the Department of the Army is of the view that the proposed award of $500 stated in H. R. 2070 is fair and reasonable. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, Secretary of the Army. О |