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JUNE 5 (legislative day, May 28), 1940.-Ordered to be printed

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

REPORT

[To accompany H. R. 2354)

The Committee on Claims, to whom was referred the bill (H. R. 2354) for the relief of S. T. Enloe, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 2222, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report.

(H. Rept. No. 2222, 76th Cong., 3d sess.) The Committee on Claims, to whom was referred the bill (H. R. 2354) for the relief of S. T. Enloe, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The amendments are as follows:

Line 6, strike out the sign and figures "$5,000” and insert in lieu thereof “$2,673,000”.

Line 8, after the word “injuries" insert "and property damage”.

The purpose of the proposed legislation is to pay to Mr. S. T. Enloe, of Clover, S. C., the sum of $2,673 in full settlement of all claims against the United States for personal injuries and property damage sustained by him when the automobile which he was driving was struck by a Government truck operated in connection with the Civilian Conservation Corps on January 9, 1937, near York, S. C.

STATEMENT OF FACTS

At about dark on January 9, 1937, Mr. S. T. Enloe was driving his Chevrolet coach at a speed of 15 to 20 miles per hour in an easterly direction on State Highway No. 5, also known as East Liberty Street, within the corporate city limits of York, S. C., and was approaching a slight curve to the left (for the private car). At the same time, a Government truck operated in connection with the Civilian Conservation Corps on official business and being driven by one Lamar W. Coates, was proceeding at a speed of 20 miles per hour in a westerly direction on this same highway. The weather was foggy and the roadway was wet and slippery. There were no witnesses to the accident other than the occupants of the two involved vehicles; that is, Mr. Enloe, Mr. Coates, and several other Civilian Conservation Corps men. In spite of the foggy weather, both drivers stated that they could see the headlights of the other vehicle.

Mr. Enloe states that when he saw the headlights of the other vehicle approaching him, he pulled over to his right side of the road as far as possible in order that it migh tbe able to safely pass him. At the time he saw the headlights, he did not know whether the approaching vehicle was a truck or another automobile. When the two vehicles came abreast of each other the Government truck struck Mr. Enloe's car at a point near the left front door. This caused Mr. Enloe's car to swing around in the road and when it came to a stop it was across the road and the front end was on a bank beyond the shoulder of the highway.

As a result of this Mr. Enloe suffered a compound comminuted fracture of the left elbow with muscles and blood vessels destroyed and the condyle lacerated and loose. These injuries were so severe that it was necessary to amputate Mr. Enloe's arm just above the elbow on the same night the accident occurred. Also, his car was damaged to a considerable extent.

Mr. Enloe submitted receipted bills to the War Department showing his expenses, and your committee is in possession of copies of these bills. His actual expenses in this connection totaled $173, computed as follows: Repairs to automobile..

$37. 50 Hospital care..

53. 00 Medical care.-

82. 50 Total...

173. 00 There was considerable conflict in this particular case, there being no witnesses to the accident other than the occupants of the vehicles involved, and each driver stating that the other was at fault. The War Department disallowed the claim when it was presented to them for settlement since it had not been definitely established that negligence on the part of the Government driver was the sole cause of the accident.

Your committee, however, is of the opinion that the Government driver's negligence figured largely in this accident, especially since he was driving a truck, the body of which could easily have extended over the center line of the highway while the cab itself seemed to be on its proper side of the road. A letter was addressed to the Secretary of War regarding the distance which the bed of the truck in question extended over the center line of the front wheels of such truck. There will be found hereafter appended a letter from the Secretary of War which indicates that the body of the truck extended approximately 9inches beyond the outside of the front wheels.

The War Department's original report points out that when a police officer and an investigating officer of the Army arrived at the scene of the accident, the tracks on the roadway had been obliterated by passing traffic. However, it is further stated by the Department that one of the enrollee passengers has testified under oath that immediately after the collision he examined the road and found that the tracks of the Government truck were 6 inches from the center line on the Government vehicle's right side of the road. If this statement is accurate this more than ever points to negligence on the part of the Government driver, in that the body of the truck was still at least 394 inches over the center line, and it is the body of the truck that struck Mr. Enloe's car, not the wheels. Knowing that he was driving a wide vehicle should have prompted the Government employee to move much farther to the right side of the highway than 6 inches from the center line.

As before stated, this accident resulted in the amputation of Mr. Enloe's left arm and he will, of course, be greatly incapacitated for the remainder of his life. It is, therefore, recommended by your committee that Mr. Enloe be awarded the sum of $2,673—$173 for his actual expenses, and $2,500 for his severe and permanent disability.

Appended hereto is the report of the War Department, together with other pertinent evidence.

WAR DEPARTMENT,

Washington, February 10, 1939. 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. 2354, Seventy-sixth Congress, first session, for the relief of S. T. Enloe, which you transmitted to the War Department, with request for information and the views of the Department relative thereto.

The purpose of the proposed legislation is to pay to S. T. Enloe, of Clover, S. C., the sum of $5,000 in full satisfaction of all claims against the United States, for personal injuries sustained by him when the automobile which he was driving was struck by a Government truck operated in connection with the Civilian Conservation Corps on January 9, 1937, near York, S. C.

The records of the War Department show that about dark January 9, 1937, a Government truck operated in connection with the Civilian Conservation Corps, on official business, was proceeding at a speed of 20 miles per hour in a westerly direction on State Highway No. 5, also known as East Liberty Street, within the corporate city limits of York, S. C.; that at this point there is a slight right curve (for the Government driver); that Mr. S. T. Enloe, Clover, s. c., driving a Chevrolet coach, was proceeding in the opposite direction at about the same rate of speed; that the speed limit of the city of York was 15 miles per hour; that the weather was foggy and the roadway wet and slippery; that the Government driver and his passengers have testified that the Government truck was on its right side of the road; that Mr. Enloe has testified that his car was on its right side of the road; that in passing the vehicles sideswiped, thereby causing the damages herein being considered. It is further established by the evidence that by the time the police officer and the investigating officer of the Army arrived at the scene of the accident, the tracks on the roadway made by the wheels of the respective vehicles had been obliterated by passing traffic, but that one of the enrollee passengers has testified under oath that immediately after the collision he examined the road and found that the tracks of the Government vehicle were 6 inches from the center line on the Government vehicle's right side of the road.

As a result of this accident, Mr. Enloe suffered a compound comminuted fracture of the left elbow with muscles and blood vessels destroyed and the condyle lacerated and loose. These injuries made it necessary to amputate the left arm just above the elbow.

A claim was presented to the War Department by Mr. Enloe for personal injuries amounting to $5,135.50 and for property damage, $64.80. In connection with this claim Mr. Enloe submitted the following receipted bills: For repairs to his automobile --

$37. 50 For hospital care.

53. 00 For medical care..

82. 50

Total.----

173. 00 Upon review by the War Department of the proceedings of a board of officers which investigated this claim, it was determined that the evidence of record, which is in great conflict, fails to establish that the proximate cause of the accident was the sole negligence of the Government driver, which negligence must be established as a fact in order that a given claim may receive the approval of the War Department under the statute available to the Department for the settlement of damage claims of this character. In the absence of such evidence the claim in question was disapproved by the War Department.

However, in view of the doubt as to where the responsibility rests for this regrettable accident, the War Department is constrained to withhold any recommendation in the premises and to leave the matter to the equitable determination of the Congress. Sincerely yours,

HARRY H. WOODRING,

Secretary of War.

FEBRUARY 26, 1940. Hon. HARRY H. WOODRING,

Secretary

of War, Washington, D. C. DEAR MR. WOODRING: H. R. 2354 has been referred to me as a member of the Claims Committee of the House for investigation and report. This bill provides for compensation to one S. T. Enloe, of Clover, S. C., who suffered personal injuries as a result of a collision between an automobile driven by him and a United States Civilian Conservation Corps truck No. 33106. It is claimed that the collision occurred January 9, 1937, at or near York, S. C.

In order to intelligently pass upon the merits of the bill it is necessary for me to have the following information, which I will appreciate if you will have furnished to me at your earliest convenience:

1. How far the bed of the above-mentioned truck or a truck of that type extends over the center line of the front wheels of such a truck.

2. How far the bed of such truck extends over the center line of the outside rear wheels of such truck. Thanking you for your help as above requested, I beg to remain, Yours very truly,

FADJO CRAVENS.

WAR DEPARTMENT,

Washington, March 15, 1940. Hon. Fadjo CRAVENS,

House of Representatives, Washington, D. C. DEAR MR. CRAVENS: Receipt is acknowledged of your letter of February 26, 1940, requesting certain information for use in connection with a bill for compensation to one s. T. Enloe, of Clover, S. C., who suffered personal injuries as a result of a collision between an automobile driven by him and a United States Civilian Conservation Corps truck, No. 33106. The collision in question occurred January 9, 1937, at or near York, S. C.

The information as requested in your letter is as follows:

1. The body of Chevrolet 142-ton truck No. 33106 extends 13 inches on each side over the center line of the front wheels of this truck.

2. The body of Chevrolet 17-ton truck No. 33106 extends 5 inches on each side over the center line of the outside rear wheels of this truck.

However, this office is of the opinion that this information is inadequate and will not serve the purpose for which intended, i. e., to determine the dimensional standards for clearance of the Chevrolet truck in question. It is believed that the following information and attached diagram will explain the reason for the above opinion as to the inadequacy of the information requested.

Although the only suitable photograph available for this purpose is not of a Chevrolet chassis, but a truck chassis of another make, the net result of the diagram, which is not drawn to scale, will serve the purpose of indicating the dimensions which it is believed are necessary to establish the absolute minimum clearance necessary for this Chevrolet truck. This appears necessary to adjudicate the claim in question. Therefore, the following result:

Inches Width of body-

84. 00 Over-all width outside front wheels ..

- 64. 50

2 x 19. 50

Body 84 inches wide extends on each side beyond the outside of the

front wheels --

9. 75

Width of body-
Over-all width outside rear (dual) wheels -

84. 00 -80. 50

2 x 3. 50

Body 84 inches wide extends on each side beyond the outside of the real (dual) wheels.--

1. 75 It is hoped that the above information will be of assistance to the Claims Committee of the House of Representatives in determining the merits of, and adjudicating the claim in question. Sincerely yours,

HARRY H. WOODRING,

Secretary of War.

Exhibit B STATE OF South CAROLINA,

Fort Moultrie, ss:
Personally appeared before me, the undersigned authority, one Mr. S. T.
Enloe, No. 2 Aragon Street, Rock Hill, S. C., who being duly sworn according to
law, deposes and says in reply to questions, the following answers:

Question. Did you see the accident?
Answer. Yes, sir; I saw part of it.
Question. When did it happen?
Answer. January 9, 1937.

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