A contused and lacerated wound over right eye 11⁄2 inches long; a cut under right eye; an abraded wound on right cheek; an incised wound through the entire thickness of the right lip up to the cheek; a lacerated wound on the left side of the point of the chin; three upper right teeth loose; an abraded wound on the left elbow; a contused wound on the right index finger; a lost fingernail (not permanent) on the right index finger; a contused wound on the right thumb (the nail will grow off); an abrasion and contusion of the left shoulder; an abrasion of the left knee; the right knee deeply lacerated with a sprain injury to the right knee with a hemorrhage into the joint. Some years prior to Mr. Knight's accident he had suffered a compound fracture of his left ankle. As a result of the accident with the Government vehicle, the ankle began again to swell up, and a piece of bone worked out of each side of his ankle. On November 3, 1939, approximately 11⁄2 years after the accident, Mr. Knight's doctor made a statement that Mr. Knight had a 25-percent permanent disability. The War Department has no objection to this legislation which proposes to compensate Mr. Knight for the personal injuries he suffered, and that Department has already paid him for his medical and hospital expenses amounting to $254.85. The Department also paid for the damage to the wagon, which was owned by one J. B. Blessinger, Mr. Knight's employer. It is the view of the Department that the proximate cause of the accident was the negligence of the Government driver in that he attempted to pass Mr. Knight's wagon without first assuring himself that such a course could be followed with safety, and when his view of traffic ahead was limited on account of the curve in the road. It is stated that because of his injuries and disability, Mr. Knight lost an automobile on which he had paid a considerable amount of money, subsequent payments on which he was unable to keep up. He lost 8 months' work, not being able to resume employment until the spring of 1939, and during these 8 months he was unable to pay his board. Your committee have very thoroughly gone into the case, and recommend the passage of the bill as amended. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, June 12, 1939. Chairman, Committee on Claims, House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill, H. R. 5930, Seventy-sixth Congress, first session, for the relief of Raymond C. Knight, which you transmitted to the War Department under date of May 24, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Raymond C. Knight, of Lyle, Wash., the sum of $3,400 in full settlement of all claims against the United States on account of personal injuries and expenses incident thereto, as the result of being struck by a truck belonging to the Civilian Conservation Corps on May 7, 1938, on United States Highway No. 410, about 7 miles north of Dayton, Wash. On May 7, 1938, Mr. Knight, driving a horse-drawn wagon, was proceeding in a northerly direction on his proper side of the road, on United States Highway No. 410, between Dayton, Wash., and Pomeroy, Wash. A Government truck, on official business, operated in connection with the Civilian Conservation Corps, with an officer as a passenger, was proceeding to the rear of and overtaking the wagon of Mr. Knight at an undetermined rate of speed. At about 9:45 a. m. on the above date, near the top of the Willow Creek grade about 7 miles north of Dayton, Wash., the Government driver started to pass Mr. Knight's wagon when he (the Government driver) observed a car approaching from the opposite direction around a curve, at a high rate of speed. The Government driver turned his vehicle to the right and applied his brakes, and at the same time the officer riding in the Government vehicle applied the emergency brake. The unidentified car passed in safety. At this time the Government driver, realizing that he could not stop before striking the wagon, again turned the Government vehicle to the left, but was unable to prevent his vehicle from striking the left rear wheel of the wagon. The impact frightened the team causing Mr. Knight to lose control of them. About 475 feet from the point of collision Mr. Knight was thrown from the wagon onto the pavement. As a result of this accident Mr. Knight suffered lacerations over the right eye 11⁄2 inches in length, the upper lip, and on the right knee, (with hemorrhage into the joint); abrasions right thumb, left shoulder, left knee, right cheek, and right index finger with loss of nail; small cut under right eye; and contusions and abrasions of the skin of central portion of anterior aspect of right leg. Mr. Knight presented a claim to the War Department for personal injuries amounting to $3,654.85 (in which amount was included $254.85, medical and hospital bills, and $400 for loss of wages). In support of his claim Mr. Knight submitted the following bills: Medical and hospital expenses, $254.85. Upon review in the War Department of the proceedings of a board of officers which investigated the claim, that portion of the claim relative to medical and hospital expenses incident to personal injuries was approved in the amount of $254.85, under the provisions of the act of June 28, 1937 (50 Stat. 319), it being the view of the Department that the proximate cause of the accident was the negligence of the Government driver in that he attempted to pass Mr. Knight's wagon without first assuring himself that such a course could be followed with safety and when his view of traffic ahead was limited on account of the curve in the road. That portion of the claim for personal injuries and the items of expense incidental thereto over and above the actual medical and hospital bills was disapproved by the War Department for the reason that, regardless of the person or persons responsible for the accident, there is no authority of law or appropriation available to the War Department for the settlement of claims on account of personal injuries arising out of the operation of the Civilian Conservation Corps except the actual medical and hospital bills incurred. From all of the above it appears that Mr. Knight has suffered some personal injury as a result of the accident and through the negligence of the driver of the Government vehicle, and while the War Department is not prepared to determine the precise degree of injury sustained or the amount to be allowed under the circumstances, it will interpose no objection to the enactment of legislation to compensate Mr. Knight for the injury he has received in this regrettable accident, in such amount as the Congress may deem proper to allow. Sincerely yours, HARRY H. WOODRING, I, Raymond Knight, of Lyle, Wash., being first duly sworn, depose and say: That I make this affidavit with reference to my accident, concerning which Mr. Knute Hill has been corresponding: That on May 7, 1938, I was driving a team of horses hitched to a wagon, on United States Highway No. 410 about 7 miles north of Dayton, Wash. A Civilian Conservation Corps truck, license No. 33978, driven by an Army officer, named Raymond C. Difiore, ran into the back of the wagon causing the team to run, throwing me to the ground. I fell on my head, hands, and legs, knocking myself unconscious. When I came to, the Army officer and a passer-by picked me up and was putting me into a car and were taking me to Dayton hospital. About half way to Dayton they stopped the State patrol car for first aid. He told them to take me to Dr. W. W. Day, Dayton, Wash. I had lacerated wounds over right eye that took five stitches 11⁄2 inches long. Cuts under right eye and abraded wound on right cheek. A wound through the entire thickness of right lip up to the cheek which took three stitches. A lacerated wound on the left side of the point of the chin. Three upper right teeth knocked loose. Abraded wound on the left elbow. A contused wound on right index finger. A lost fingernail. A contused wound on right thumb; the nail will come off. An abrasion and contusion of left shoulder. Abrasion of the left knee. The right knee deeply lacerated with a sprain injury to the right knee. A hemorrhage into the right knee joint and this leaves the knee weak. I had a compound fracture of right ankle 15 years ago. It was all healed up and had not bothered me for several years. About 30 days after I left the hospital at Dayton, Wash., it swelled up and a piece of bone worked out of left side of ankle also a piece of bone worked out on the right side of ankle, at this time. I believe it was caused by that accident of May 7, 1938. I am not able to assume my work yet. I have had considerable heahaches since that fall on my head as a result of this accident. Also, my eye was swelled shut for 2 weeks. I tried working only 3 days but could not stand it. This was on July 18, 19, and 20, 1938. I have had aches and pains over my body ever since the accident. I am afraid that the headaches will lead to neuritis trouble. Also a right weak knee which snaps out of joint without a brace. Left ankle that is bothering me now that did not before the accident. If there is a regular form or special form for me to use in placing my claim with your Department, I shall appreciate very much receiving one at an early date. I have been unable to support myself since the accident and as time goes on my financial condition is not improving, as I am a day laborer. I had the promise of a job with the Smith Canning Co. at Pendleton. Mr. William Wadsworth, of this cannery, had told me that I might have employment. During the summer of 1937 I had employment in this cannery and received between five and six dollars a day during that period. It was my understanding that my wages were to be the same when I was employed during the summer of 1938. My injuries have made this employment impossible. [SEAL]. RAYMOND C. KNIGHT Subscribed and sworn to before me this 25th day of October, 1938. [SEAL] J. D. BURTON, Notary Public for Oregon. LYLE, WASH., November 21, 1939. DEAR SIR: Enclosed find an affidavit that is to be considered in regard to H. R. 5930. Since I started to work in the spring of 1939, I have noticed a pronounced weakness in my knees which has bothered me considerably on various jobs. I also have trouble with my back and am bothered with numerous headaches. Yours truly, RAYMOND C. KNIGHT. Subscribed and sworn to before me, the undersigned, a notary public in and for the State of Washington this 21st day of November 1939. [SEAL] HOMER H. JAMES, Notary Public for Washington, Residing at Lyle. WENATCHEE, WASH., November 3, 1939. Re Raymond Knight. History of being hit from the rear by an Army (Civilian Conservation Corps) truck while driving a team of horses along the highway on May 7, 1938. He was dragged for some distance, between 300 and 500 feet, along the highway. He suffered back and leg injuries. Since then he has weakness and pain in the lower back, legs, and ankles. He has been under my care at intervals from September 17, 1938, to November 3, 1939. I consider him to be about 25 percent permanently disabled. S. A. KEIM, M. D. AFFIDAVIT County of Columbia, ss: STATE OF WASHINGTON, AUGUST 11, 1938. Personally appeared before me, the undersigned, authorized by law to administer oaths in cases of this kind and character, one William W. Day, who being duly sworn, deposes and says: I am Dr. William W. Day, M. D., and attended R. C. Knight on May 7, 1938, after his accident, finding and treating the following injuries: A contused and lacerated wound over right eye 11⁄2 inches long; a cut under right eye; an abraided wound on right cheek; an incised wound through the entire thickness of the right lip up to the cheek; a lacerated wound on the left side of the point of the chin; three upper right teeth loose, an abraided wound on the left elbow; a contused wound on the right index finger; a lost finger nail (not permanent) on the right index finger; a contused wound on the right thumb (the nail will grow off); an abrasion and contusion of the left shoulder; an abrasion of the left knee; the right knee deeply lacerated with a sprain injury to the right knee with a hemorrhage into the joint. R. C. Knight had a compound fracture of left ankle prior to his injury on May 7, and no other injuries or disabilities. There was no evidence that R. C. Knight was under the influence of liquor at the time of the accident. Further deponent sayeth not. Subscribed and sworn to before me this 11th day of August 1938. [SEAL] (Signed) WILLIAM W. DAY, M. D. (Signed) BLANCHE WHIPPLE, Notary Public, Dayton, Wash. AFFIDAVIT STATE OF WASHINGTON, County of Columbia, ss: J. B. Blessinger, being first duly sworn, on oath, deposes and says: That Raymond C. Knight was in my employ on the 7th day of May 1938 at the time his accident occurred and had been in my employ since on or about March 25, 1938; that the said Raymond C. Knight was in good health prior to said accident and was not under the influence of intoxicating liquor at the time of the accident; that said Raymond C. Knight was not in any way to blame for said accident. (Signed) J. B. BLESSINGer. Subscribed and sworn to before me this 11th day of August 1938. (SEAL] (Signed) BLANCHE WHIPPLE, Notary Public for Washington, residing at Dayton, Wash. Wenatchee, WASH., September 28, 1938. To Whom It May Concern: This is to testify that I gave professional treatment and advice to Raymond C. Knight, of Lyle, Wash., on September 17, 1938, at which time he had a sprained left ankle. His ankle was bandaged and taped and he was advised not to use it. (Signed) S. A. KEIM, M. D. Subscribed and sworn to before me this 28th day of September 1938. (Signed) C. B. CONNER, Notary Public in and for the State of Washington, residing at Wenatchee. [SEAL] Drs. REUTER, THOMPSON, COBERTH, AND GRIFFITH THE DALLES HOSPITAL THE DALLES, OREG., October 25, 1938. To Whom It May Concern: This is to certify that I examined Raymond Knight on October 25, 1938, and found that he is still suffering from the effects of his recent injury which lighted up an old osteomyelitis. He will probably be disabled from work from 4 to 6 weeks or longer. Very respectfully, STATE OF WASHINGTON, County of Walla Walla. To Whom It May Concern: AFFIDAVIT (Signed) J. A. REUTER, M. D. WALLA WALLA, WASH., October 18, 1938. Raymond C. Knight stayed at my home after leaving Dayton Hospital the 18th day of June 1938. Knight's left ankle would swell up when he walked on it. Swelling would go down at night. It started swelling the first day after leaving the hospital, the 18th day of June 1938. About 30 days after leaving the hospital it swelled up worse and a piece of bone worked out of left side of ankle. It continued swelling until after Knight went home to Lyle, Wash., August 12, 1938. Knight also had several headaches when he was here; also a weak right knee. OLEY T. OWEN. 1938. Subscribed and sworn to before me, a notary public, this 18th day of October AFFIDAVIT STATE OF WASHINGTON, County of Columbia, ss: Ella Baker, being first duly sworn on oath, deposes and says that she is well and personally acquainted with Raymond C. Knight; that she has known Raymond C. Knight for upwards of 30 years and that he is not a drinking man; that Raymond C. Knight worked on the farm of affiant in the early spring of 1938 and at that time and on May 7, 1938, the date of his accident, he was in excellent health. (Signed) ELLA BAKER. Subscribed and sworn to before me this 11th day of August 1938. [SEAL] Hon. KNUTE HILL, (Signed) BLANCHE WHIPPLE, Notary Public for Washington, residing at Dayton, Wash. DEPARTMENT OF JUSTICE, United States Representative, Yakima, Wash. DEAR MR. HILL: Yesterday a man by the name of Raymond Knight came into the office seeking relief from the Government, on account of an accident sustained by him on the date of May 7, 1938. I have made considerable inquiry on behalf of Knight, and have arrived at the conclusion that the proper procedure is for Mr. Knight to submit a claim to the Government through you. I wish to state at the outset that I have absolutely no financial interest in Mr. Knight's case, and am giving him what assistance I can because I believe his cause a worthy one, and he is absolutely without funds at this time to get other representation in this matter and is without funds on which to live. The facts of Knight's case are as follows: On the aforementioned date Knight was employed by Bert Blessinger, a wheat farmer near Dayton, Wash. About 9 o'clock in the morning he was driving two horses and a wagon on the State highway about 8 miles north of Dayton, Wash., on the Willow Creek Hill. His team was on the extreme right of the paved highway. Without warning of any kind, a Civilian Conservation Corps truck, driven by an Army officer named Raymond C. Difore (not certain of spelling), of Lewiston, Idaho, in United States Government truck, license No. 33978, Lewiston District, crashed into the back end of the wagon, throwing Knight to the pavement and rendering him unconscious, and doing to him grievous bodily injury. He is not certain just what happened in the accident. Knight was advised by Mr. Ellis, State highway patrolman in that district, that the Army officer claimed that he started to pass the team but was prevented from doing so by an oncoming vehicle. He then attempted to pull up behind the wagon and stop, but due to a failure of brakes, his motor crashed into the wagon. The case appears to be one of clear and absolute liability on the part of the Government. I communicated with Dr. W. W. Day of Dayton, Wash., who rendered medical attention to Knight, and was advised by him that Knight's injuries were substantial; that he was confined in the Brining Memorial Hospital at Dayton, Wash., for a period of 43 days, and at the time of his discharge was unable to do work. At the time of his injury, he was bruised and cut about the head, face, and other parts of the body, and had a substantial injury to the right knee, and had other head injuries. Mr. Knight is in the office at the writing of this letter, and he |