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have been able to see the oysters. I could see the oysters in the channel where I was. I am unable to place the date and do not know which of their trips up the river this was.

CYRUS A. ELDREDGE. Subscribed and sworn to May 16, 1932, before me.

HEMAN A. HARDING, Justice oj the Peace. My commission expires January 4, 1934.

AFFIDAVIT OF MARCUS N. SMITH

COMMONWEALTH OF MASSACHUSETTS,

Barnstable, ss:
Marcus N. Smith of Chatham, Mass., on oath makes affidavit as follows:

I saw the launch from the survey boat Natoma in Oyster Pond River late August or early September three times. The first time at high water, when they came to and lay alongside my bulkhead at my shanty, and landed lumber which they took up the hill for the survey mark. The second time they came at high water and lay at that bulkhead and lay with some more lumber. The third and last time the tide was not high enough for them to get to my bulkhead so they lay at anchor in the stream, while the crew went up to the survey station and back. I do not know why. I first saw the boat this last time at anchor when I went down to the shore in the morning. There nearby I tonged oysters until almost low water and then started uphill to my house nearby to get my dinner. While I was at the shore, and just about leaving it, 2 officers and 2 sailors put their instruments in the skiff, went off to the launch, got their anchor and started downstream. When I had got part way uphill they were ashore on Nathan A. Buck's grant east of the channel. I watched them 20 or 30 minutes and they were still there when I left and went in to get my dinner. At that time Cyrus A. Eldredge was coming up the river toward them. While I watched them they kopt their engine going all the time. After a short time they had two men out in the skiff sounding all around the boat for deep water. The boat was swinging all the way around the circle. I do not know what date this was but it was the third time that I saw them and it was after I began to tong oysters which was August 27.

MARCUS N. SMITH. Subscribed and sworn to May 16, 1932, before me,

HEMAN A. HARDING, Justice of the Peace. My commission expires January 4, 1934.

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HANNAH S. BRAY, JANE BICKERS, AND FRANCES BICKERS

JUNE 3 (legislative day, May 28), 1940.—Ordered to be printed

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

REPORT

(To accompany H. R. 7861)

The Committee on Claims, to whom was referred the bill (H. R. 7861) conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claims of Hannah S. Bray, Jane Bickers, and Frances Bickers, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment:

Amend the title of the bill so as to read:

A bill for the relief of Hannah S. Bray, Jane Bickers, and Frances Bickers.

The facts are fully set forth in House Report No. 2129, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

(H. Rept. No. 2129, 76th Cong., 3d sess.)

The Committee on Claims, to whom was referred the bill (H. R. 7861) for the relief of Hannah S. Bray, Jane Bickers, and Frances Bickers, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:
Strike out all after the enacting clause and insert:

“That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Hannah S. Bray, Jane Bickers, and Frances Bickers, of Stanardsville, Virginia, and Winchester, Virginia, respectively, out of any money in the Treasury not otherwise appropriated, the following sums:

“To Hannah S. Bray, the sum of $5,000 for personal injuries, pain, and suffering and the sum of $2,695.65 for hospital and physician bills and the sum of $750 for property damages, or a total $8,445.65.

"To Jane Bickers, the sum of $10,000 for personal injuries, pain, and suffering.

“To Frances Bickers, the sum of $5,000 for personal injuries, pain, and suffering.

"To Jane and Frances Bickers, the sum of $4,900.13 for physician and hospital bills.

"Said sums being in full settlement of all claims that the above parties have against the United States by reason of injuries and property damages sustained on account of being struck by a Civilian Conservation Corps truck at the intersection of United States Route No. 29 and Barracks Road in Charlottesville, Virginia, on July 22, 1939.

"Sec. 2. That there shall be a guardian appointed for Frances Bickers, a minor, for the payment of the sum of $5,000 for her use and benefit.

“Sec. 3. Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.”

The purpose of the proposed legislation is to pay to Hannah S. Bray, the sum of $8,455.65, to Jane and Francis Bickers, the total sum of $19,900.13, in full settlement of their claims against the United States for personal injuries and property damages sustained by them, when a car in which they were riding was struck by a Civilian Conservation Corps truck at the intersection of United States Route No. 29 and Barracks Road in Charlottesville, Va., on July 22, 1939.

STATEMENT OF FACTS

On July 22, 1939, at about 4 p. m., Hannah S. Bray was driving to Charlottesville, Va., and Jane Bickers and Frances Bickers were passengers in her car. They were traveling on United States Highway No. 29 in the corporate limits of Charlottesville, Va., and when they reached a point where said highway intersects with Barracks Road and driving at a very low rate of speed, around 15 or 20 miles per hour, a Civilian Conservation Corps truck, which was on official business and driven by an enrollee of the Civilian Conservation Corps camp located near this place, approached the intersection, traveling on Barracks Road, doing so at a speed of between 50 to 60 miles per hour

The Civilian Conservation Corps enrollee, driving the truck on official business, did not retard his speed and drove the truck directly into the car of Hannah S. Bray and knocked her car some 91 to 92 feet off the highway, inflicting injuries, on Hannah S. Bray, Jane Bickers, and Frances Bickers. The injuries to each being as follows:

HANNAH S. BRAY

1. A broken right arm.
2. A broken left arm.
3. Four broken ribs.
4. A traumatic inflammation of the lungs.
5. Fracture of the pelvis.
6. Subcutaneous emphysema.
7. Contusion of the chest.

8. Concussion of the brain. 9. Laceration of the scalp, necessitating approximately 120 stitches to close. 10. Numerous other bruises and contusions.

FRANCES BICKERS

1. Laceration of the right wrist.
2. Laceration of the left wrist and hand (almost severing hands).
3. Laceration of the forehead.
4. A fracture of the right clavicle.
5. A bone injury to the pelvis.
6. A contusion of the left kidney.
7. Concussion of the brain.

JANE BICKERS

1. Multiple facial and nasal fractures.
2. Transverse fracture detaching the maxilla.
3. A broken collarbone.
4. Broken fourth and fifth vertebraes.
5. Concussion of the brain.
6. Severe lacerations of the right side of face.
7. Shattering and breaking of practically all of the facial bones.
8. Complete loss of vision of right eye.
9. Severe impairment of vision of left eye, with possible loss of same.
10. Severe injury and disalinement of the teeth.
11. Numerous other bruises and contusions.

The car in which claimants were riding on United States Highway No. 29 had the right-of-way, and it was the duty of the driver of the Civilian Conservation Corps truck to have stopped and to have been on the lookout for approaching cars. According to the testimony of the numerous witnesses who saw the accident, they uniformly made affidavit that the car in which claimants were riding was proceeding leisurely along at a speed of from 15 to 20 miles per hour; and that the fact the Bray car was knocked 90 feet off the highway, shows the excessive rate of speed which the Civilian Conservation Corps truck was traveling.

The amount of hospital and physician bills filed herewith disclosed the serious injuries all of the claimants received and especially Jane Bickers, who, according to the statement of physicians, will be permanently injured. Every bone in her face and head was broken, and it was necessary for physicians to saw off a part of the skull in order to treat the optic nerve. She has lost the sight of one eye, has a permanent back injury, and is in a steel cast today, and has so many other permanent disfigurations it is useless to enumerate them.

Frances Bickers by reason of numerous facial cuts, bruises, and disfigurations, which permanently affect her, is not only physically injured, but disfigured in her outward appearance by reason of lacerations on her forehead and indentures left.

Your committee feels, that these claimants cannot be compensated with sums of money for their untold suffering and the disfiguration they will bear through the rest of their lives, and is recommending the payment of sums that will compensate them for the expenses incurred and in a small way for their suffering, pain, and disfiguration.

Appended hereto is the report of the War Department, together with other pertinent evidence, including doctor bills, statements, and affidavits of witnesses.

WAR DEPARTMENT,

Washington, February 10, 1940. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives,

Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 7861, Seventy-sixth Congress, third session, conferring jurisdiction upon the Court

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