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and then across the street; that the Government driver applied his brakes as soon as he saw the child but was unable to stop his vehicle before striking him, thereby causing the personal injuries which constitute the basis of the proposed legislation. It is further established by the evidence that five disinterested witnesses to the accident have testified that Jerry ran directly into the path of the Government vehicle and that the Government driver was without fault.

"As a result of this accident Jerry Taylor suffered a lacerated wound 6 inches long, gaping 1 inch wide and 1 inch deep, running obliquely anterior and interior across the crest of the right ilium; and a fracture, simple, complete, transverse, proximal, third left femur.

"On July 1, 1937, a claim was presented to the War Department by Mr. Taylor in the amount of $807.50, consisting of $757.50 medical and hospital bills and $50 attorney's fees, on account of the above personal injuries received by his son, Jerry, as follows:

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"Subsequent to the above date, Mr. Taylor presented additional bills for medical attendance in the amount of $50 and personal expenses incurred by himself and Mrs. Taylor in the amount of $98.43. Further, of the amount of $757.50 presented for medical and hospital bills an amended hospital bill reduced the total expense claimed by $84.25, due to the fact that the patient was not kept under treatment as long as was anticipated, and $25 for medical fees was not considered by the War Department for the reason that this bill was rendered by a Regular Army medical officer. The corrected total of the bills presented, therefore, amounts to $846.68.

"Upon review in the War Department of the proceedings of a board of officers which investigated this accident, it was determined that the evidence of record fails to establish that this accident was caused by any negligence on the part of the Government driver. On the contrary, the weight of the evidence indicates that the driver of the civilian car, who had charge of Jerry Taylor on this occasion, was negligent in that she failed to take the proper precautions, after stopping her vehicle, to prevent the boy from crossing the highway until such a course could be pursued with safety. However, irrespective of the negligence of the driver of the civilian vehicle, Mr. Taylor's claim was disapproved for the reason that there is no authority of law or appropriation available to the War Department for the settlement of claims for personal injuries, or expenses incident thereto, arising out of Civilian Conservation Corps operations prior to July 1, 1937.

"While this accident is deeply regretted by the War Department, in view of the above the Department is constrained to recommend that favorable consideration be not given to the proposed legislation."

After careful reconsideration and review of this case it is the view of the War Department that, regrettable as this accident was, the evidence of record fails to establish that this happening was the result of any negligent act on the part of any agent or employee of the Government; nor, due to the youth of Jerry Taylor (age 41⁄2 years), can any negligence be imputed to him. On the contrary, the evidence of record clearly establishes that the accident was entirely unavoidable insofar as the driver of the Government vehicle was concerned, and any negligence in the premises must be attributed to those persons in the civilian car to whom Jerry Taylor's safety was entrusted.

The testimony of all the witnesses to this happening clearly establishes the fact that the Government vehicle was not exceeding a speed of 20 miles per hour. In this connection, and in support of the findings of the War Department, attention is invited to the following accident report of the chief of police of Sturgis, S. Dak.:

"On June 14, 1937, at a few minutes after 4 o'clock p. m., I was notified that Jerry Taylor of Sturgis, S. Dak., had been struck and injured by a Governmentowned truck from Fort Meade, S. Dak. I immediately went to the scene of the accident and investigated the cause and circumstances of the accident. As far as I was able to determine from the position of the truck and statement of witnesses, I'm inclined to believe that the accident was unavoidable. I tested the brakes and the speedometer of the truck and found both were working satisfactorily. The governor of the truck was properly set."

While it is the view of the War Department that the facts in the case as set forth above indicate no negligence on the part of an employee of the Government, it appears that Mr. Taylor has incurred certain expenses as a result of this accident to which no negligence on his part contributed. Under these circumstances the Department refrains from making any recommendations in the premises and prefers to leave the matter to the equitable determination of the Congress.

Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

STATE OF SOUTH DAKOTA,

AFFIDAVIT

County of Meade, ss:

Mrs. Joe Hruby, being first duly sworn upon her oath deposes and says that the following is a true statement of affiant's charges as a registered nurse in the care of Jerry Lee Taylor, son of Mr. and Mrs. Lester R. Taylor, of Sturgis, S. Dak., following his injury when he was struck by a Civilian Conservation Corps truck at Sturgis, S. Dak., on the 14th day of June 1937:

TAYLOR, JERRY L. (civilian),

STATEMENT

Station Hospital, Fort Meade, S. Dak.

Diagnosis: (1) Fracture, simple, complete, transverse, proximal third (no joint involvement); (2) wound, lacerated (6 inches long) markedly severe, transverse of right loin over right iliac crest involving abdominal muscles; (3) contusion, moderately severe, right perietal region.

June 14-15, 1937, 20 hours, 1 day, $6---

and that payment therefor has not been received.

$6.00

That this affidavit is made for the purpose of submitting to the proper authorities proof of affiant's charges as a registered nurse in the care of said Jerry Lee Taylor. Mrs. JOE HRUBY.

Subscribed and sworn to before me this 11th day of February 1938. [SEAL]

B. V. MORRILL, Notary Public.

ST. JOHN'S HOSPITAL,

Rapid City, S. Dak.

June 28-August 23, 1937

TAYLOR, JERRY L. (civilian):

(1) Fracture, simple, complete, transverse, proximal third, left femur (no joint involvement); (2) wound, lacerated (6 inches long), markedly severe, transverse of right loin over right iliac crest involving abdominal muscles; (3) contusion, moderately severe, right perietal region.

6 hospital calls, 2 daily, June 28, 29, 30, 1937, at $2 each..

Removal of Steinman pin under ether anesthetic and application of Bryant traction to leg, left, July 1, 1937..

1 hospital call, July 1, 1937.

4 hospital calls, 2 daily, July 2, 3, 1937, at $2 each.

2 hospital calls, 1 daily, July 4, 5, 1937, at $2 each..

2 hospital calls, July 7, 1937, at $2 each...

2 hospital calls, 1 daily, July 8, 9, 1937, at $2 each.

1 hospital call, July 11, 1937..

2 hospital calls, July 12, 1937, at $2 each_-_.

9 hospital calls, July 13 to 21, 1937, inclusive, at $2 each..

$12

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Reduction of fracture under fluoroscope, ether anesthetic, July 6, 1937

4

2

4

18

4

64

Total...

196

R. E. JERNSTROM.

2 hospital calls, July 22, 1937, at $2 each

32 hospital calls, 1 daily, July 23 to Aug. 23, 1937, inclusive, at $2 each____

Subscribed and sworn to before me this 10th day of February 1938.
J. R. BORTLE, Notary Public.

[SEAL]

ST. JOHN'S HOSPITAL, RAPID CITY, S. DAK.

JERRY LEE TAYLOR,

Sturgis, S. Dak.:

June 15, 1937-Aug. 23, 1937. Board, room, and care, 70 days, at $2.50

per day.

June 15, 1937. X-ray, 1 view, 5 by 7...

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June 21, 1937. X-ray, 2 views, 8 by 10.

June 24, 1937.
June 28, 1937.
July 1, 1937. X-ray, 2 views, 11 by 14.
July 3, 1937. X-ray, 2 views, 8 by 10.
July 5, 1937. X-ray, 2 views, 8 by 10.
July 9, 1937. X-ray, 2 views, 8 by 10.
July 23, 1937. X-ray, 2 views, 8 by 10.
Aug. 6, 1937. X-ray, 2 views, 8 by 10.
July 6, 1937. X-ray, 2 views, 8 by 10.
Aug. 23, 1937. X-ray, 2 views, 8 by 10.
July 6, 1937. Fluoroscope--.

X-ray, 2 views, 8 by 10.
X-ray, 2 views, 8 by 10.

June 16, 1937. Laboratory:
Urinalysis----

Red-blood count_.

White-blood count_.

June 16, 1937. Anesthetic_.

$175.00

$3.00
4.00

4. 00

4. 00

4.00

7.00

4.00

4. 00

4. 00

4. 00

4. 00

4.00

4.00

2.00

56. 00

1.00

1. 50

1. 00

3. 50

3.00

.50

3. 50

3.00

.50

3. 50

3.00

$11.00

.50

.75

12.25

.75

.40

1. 15

4. 00

4. 00

1. 35

267. 25

Sister M. GERMAINE, Superintendent.

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Subscribed and sworn to before me, a notary public, this 10th day of February

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Fred P. Bestgen, M. D., being first duly sworn upon his oath deposes and says that the following is a true statement of affiant's charges as a physician and surgeon in the care of Jerry Lee Taylor, son of Mr. and Mrs. Lester R. Taylor, of Sturgis, S. Dak., following his injury when he was struck by a Civilian Con. servation Corps truck at Sturgis, S. Dak., on the 14th day of June, 1937:

8. Repts., 76-3, vol. 357

STATEMENT

F. P. BESTGEN, M. D.,
Sturgis, S. Dak.,

(Private office, Fort Meade Station Hospital, and St. John's Hospital,

June 14-June 28, 1937

TAYLOR, JERRY L. (Civilian):

Rapid City, S. Dak.)

(1) Fracture, simple, complete, transverse, proximal third, left femur (no joint involvement); (2) wound, lacerated (6 inches long) markedly severe, transverse of right loin over right iliac crest involving abdominal muscles; (3) contusion, moderately severe, right paristal region.

June 14, 1937. Reduction of fracture, left femur, and application of

splint to left femur..

For cleaning and dressing lacerated wound, right loin
One 5 by 121⁄2-inch antiseptic ointment dressing (furnished
from private stock)...

For administering 1.5 cc.s ceramins hypodermically (drug
furnished from private stock)..

June 15, 1937. Hospital call at Fort Meade Station Hospital,__round
trip from Sturgis, S. Dak., to Fort Meade, S. Dak., 6
miles, necessary to determine whether patient physi-
cally able to be transferred to civilian hospital...
For accompanying patient in Government ambulance
from Fort Meade, S. Dak., to St. John's Hospital,
Rapid City, S. Dak. Time consumed in travel 3 hours,
60 miles round trip....

5 hospital calls at St. John's Hospital, Rapid City, S. Dak.,
for the purpose of examining fracture and assisting with
adjustment of fracture per Dr. Doyle's request, 60 miles
round trip from Sturgis to Rapid City, S. Dak., June
18, 20, 21, 24, and 28, 1937, at $30 per call.......

Total____.

and that payment therefor has not been received.

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That this affidavit is made for the purpose of submitting to the proper authorities proof of affiant's charges as a physician and surgeon in connection with said matter.

F. P. BESTGEN, M. D.

Subscribed and sworn to before me this 11th day of February 1938.

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(1) Fracture, simple, complete, transverse, proximal third, left femur (no joint involvement); (2) wound, lacerated (6 inches long) markedly severe, transverse of right loin over right iliac crest involving abdominal muscles; (3) contusion, moderately severe, right parietal region.

June 15, 1937. 1 hospital visit..

June 16, 1937. Reduction of fracture, left femur, and insertion of Steinman pin, left knee, including 13 daily hospital visits from June 16 to June 28, 1937, inclusive..

$2

48

Total....

50

JAS. I. DOYLE, M, D.

Subscribed and sworn to this 10th day of February 1938 before me.

[SEAL]

LORENA FERGUSON, Notary Public.

STATE OF SOUTH DAKOTA,

AFFIDAVIT

County of Meade, ss:

Lester R. Taylor and Maud Taylor being each duly and severally sworn, depose and say: That they are the father and mother, respectively, of Jerry Lee Taylor, who was injured by a Civilian Conservation Corps truck in Sturgis, S. Dak., on the 14th day of June 1937; that in addition to the doctor, nurse, and hospital bills incurred as a result of the injury of their boy by said Civilian Conservation Corps truck, they have incurred actual expenses in traveling and in time employed in going to and from the hospital at Rapid City, S. Dak., as follows:

From June 14 to Aug. 23, 1937

Board and room, 3 weeks, for Mrs. Taylor, $1 per day.
3 trips per week, Mr. Taylor, for 3 weeks, 522 miles.
3 trips per week, for 7 weeks, 1,218 miles..

20 meals, Mr. and Mrs. Taylor, at 50 cents..

2 return trips for X-ray, 116 miles..

Rental for wheel chair..

Crutches...

Total...

$21.00

15. 66

36. 54

10. 00

3. 48

10. 00

1.75

98. 43

That this affidavit is made for the purpose of submitting to the proper authorities procf of expenses incurred in connection with said matter.

MAUD TAYLOR,
LESTER R. TAYLOR.

Subscribed and sworn to before me this 11th day of February 1938.

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