There were no eyewitnesses to the accident but it is stated by the War Department that immediately after crossing a small culvert, the Government driver observed two children standing under a tree on the extreme left of the road. It is stated that the Government driver reduced his speed from about 20 to 15 miles per hour and, as his vehicle approached to within a few feet of the children, Robert (Bobby) Reagh, then about 51⁄2 years of age, suddenly started to run across the road. The Government driver swerved his vehicle to his right as far as possible without running off the roadway, and applied his brakes. However, the child did run into the truck and struck his head against the left side of same. It is further pointed out by the Department that the Government vehicle stopped within 10 feet after the child was hit. As a result of this accident Bobby Reagh sustained the following injuries "Mild concussion of the brain, multiple abrasions and excoriations of left shoulder, over scapula, and left arm from point of shoulder to elbow; bruises over: both hips and right ankle; and three abrasions of the head." There have been bills submitted to your committee which will be found hereafter appended, from which it will be noted that the actual monetary expenses incurred amounted to $51.40. It was determined by the War Department that the damage was not due wholly or in part to fault or negligence of the driver of the Government vehicle acting within the scope of his employment. Part of the War Department's report is quoted herewith: * * under general principles of law a child of approximately 51⁄2 years may not be charged with negligence which would be imputable to a parent so as to defeat recovery for injury caused by a collision with an automobile. From the above it appears that Mr. Reagh, the father, was not negligent in this connection, and has suffered some loss as a result of this happening. While the War Department is not prepared to determine the precise amount that should be allowed under the circumstances, it will interpose no objection to the enactment of legislation to compensate Mr. Reagh in such amount as the Congress may deem proper to allow.' While the facts fail to disclose that the driver of the Government vehicle was operating same in a particularly negligent manner, it does appear that he might have used more precaution after having observed the children standing on the road. Had he kept his eyes on the children, and reduced his speed to a minimum, the accident very likely would have been avoided. What might ordinarily be termed "safe driving" is not sufficient to safeguard the lives of children who are too young to be charged with any degree of contributory negligence. In view of all these circumstances your committee feel that the sum of $500 would constitute an equitable settlement of the claim involved. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, April 29, 1939. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill (H. R. 2513, 76th Cong., 1st sess.) for the relief of C. B. Reagh, which you transmitted to the War Department under date of April 11, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to C. B. Reagh, of Belden, Miss., the sum of $500 in full settlement of all claims against the United States for losses sustained by him on account of personal injuries received by Robert Reagh, his minor son, when he was struck by a motor vehicle in the service of the Civilian Conservation Corps, on May 6, 1937. The records of the War Department show that on May 6, 1937, a Government vehicle, operated in connection with War Department activities of the Civilian Conservation Corps, was proceeding on official business in a southerly direction on the Shiloh-Corinth Highway, about one-quarter of a mile north of Acton, Tenn., at a speed of about 20 miles per hour; that immediately after crossing a small culvert the Government driver observed two children standing under a tree on the extreme left of the road; that the Government driver reduced the speed of his vehicle to about 15 miles per hour; that as his vehicle approached to within a few feet of the children, Robert (Bobby) Reagh, aged about 51⁄2 years, suddenly started to run across the road; that the Government driver swerved his vehicle to his right as far as possible without running off the roadway and applied his brakes, but that the child ran into and struck his head against the left side of the Government vehicle, thereby receiving the personal injuries complained of. The evidence further establishes that the Government vehicle stopped within 10 feet after the child was hit. As a result of this accident, Bobby Reagh sustained the following injuries: Mild concussion of the brain; multiple abrasions and excoriation of left shoulder over scapula, and left arm from point of shoulder to elbow; bruises over both hips and right ankle; and three abrasions of head. The record further shows from the testimony of two physicians who attended him that the child has completely recovered with no permanent or partial disability. Mr. and Mrs. C. B. Reagh, the parents of Bobby, presented a claim to the War Department in the amount of $552.40, which claim was supported by the following bills: Medical and hospital expenses, $25; loss of time from work by Mr. C. B. Reagh, $26.40. Upon review in the War Department of the proceedings of a board of officers which investigated this claim, it was determined that the damage was not due wholly or in part to fault or negligence of the driver of the Government vehicle acting within the scope of his employment, and that the claim does not fall within the provisions of the act of December 28, 1922 (42 Stat. 1066), the only act available for the settlement of claims arising out of the activities of the Civilian Conservation Corps prior to July 1, 1937, for the reason that said act does not authorize the settlement of claims for personal injury and damages incident thereto. However, it is the view of the Department that, under general principles of law, a child of the age of approximately 51⁄2 years may not be charged with negligence which would be imputable to a parent so as to defeat recovery for injury caused by a collision with an automobile. From the above it appears that Mr. Reagh, the father, was not negligent in this connection, and has suffered some loss as a result of this happening. While the War Department is not prepared to determine the precise amount that should be allowed under the circumstances, it will interpose no objection to the enactment of legislation to compensate Mr. Reagh in such amount as the Congress may deem proper to allow. Sincerely yours, HARRY H. WOODRING, ROBERT LOUIS REAGH, MCRAE HOSPITAL & CLINIC, Care of Mr. C. B. REAGH, Route 5, Corinth, Miss.: Pald, May 6, 1937. May 6, 1937. 1 (8 by 10) X-ray picture of son's head___-- $5 HEADQUARTERS DISTRICT C, MCRAE HOSPITAL, INC., By LOUISE MCKINNEY. TENNESSEE VALLEY AUTHOrity, Civilian Conservation Corps, Fourth Corps Area. To Whom it May Concern: This is to certify that on the 7th day of May 1937, C. B. Reagh requested of me, as shift superintendent, a 3-day leave, on account of his son being hit and injured by a Civilian Conservation Corps truck. He lost three shifts, dating May 7, 8, and 9, each 8 hours, at $1.10 per hour-$26.40. TENNESSEE VALLEY AUTHORITY, S. Repts., 76-3, vol. 3- -61 We, the undersigned, certify that the foregoing bills are true and correct, covering the expense account of the accident of Robert Lewis Reagh, son of Mr. and Mrs. C. B. Reagh, on May 6, 1937, in which a Government vehicle was involved, the accident having occurred on Shiloh Highway. Witness our signatures on this the 12th day of March 1938. 51. 40 500.00 (Mrs.) C. B. REAGH. (Mr.) C. B. REAGH. Sworn to and subscribed before me this the 12th day of March 1938. [SEAL] FLORENCE CARROLL DUKE, Notary Public. TUPELO, MISS., June 22, 1937. Hon. JOHN E. RANKIN, Washington, D. C. DEAR SIR: Regarding an investigation of an accident in which my son was hit and injured by Civilian Conservation Corps truck on Shiloh Highway, Corinth, Miss. The officers of this investigating committee were appointed from officials at Civilian Conservation Corps camp. Evidence was plain that they were against anything in our favor as we could produce no eyewitness and could not question the employees to any advantage as their questions and answers were solicited and typed beforehand. They were not questioned in open, as their answers were read to them. I don't think this was fair. So please, if it is within your power, please see that this gets proper attention of claims board, as claim only covers about actual expense. Yours truly, Present address: Corinth, Miss., Route No. 5. C. B. (JACK) Reagh. CIVILIAN CONSERVATION CORPS, Hon. J. E. RANKIN, OFFICE OF THE DIRECTOR, Washington, D. C., July 12, 1937. House Office Building, Washington, D. C. DEAR MR. RANKIN: Receipt is acknowledged of your letter dated July 8, 1937, with which was enclosed a letter from Mr. C. B. Reagh, Corinth, Miss., in further reference to previous correspondence regarding Mr. Reagh's son, who was injured in an accident in which a Civilian Conservation Corps truck was involved. Evidently the truck was attached to Camp MP-7, near Corinth, Miss., and was engaged in transporting enrollees from the work project to the camp for lunch. It is believed from the contents of Mr. Reagh's letter that those in charge of the truck were under the supervision of the National Park Service. Therefore the correspondence is being sent to the Director, National Park Service, Department of the Interior, Washington, D. C., for further consideration. Very truly yours, (Signed) CHAS. H. TAYLOR, CORINTH, MIss., July 6, 1937. Hon. JOHN E. RANKIN, House Office Building, Washington, D. C. DEAR MR. RANKIN: In regard to request of Mr. Taylor, I am furnishing as much information as I can regarding accident in which my son was injured. Bobby Reagh, age 6 years, was hit and injured by Civilian Conservation Corps truck No. 10549, from Camp No. MP-7, located on Shiloh Highway, Corinth, Miss. The accident occurred about 7 miles out, as truck was transporting Civilian Conservation Corps workers from work to lunch. The children were fishing in creek which crosses highway at Acton, Tenn. (where we have rooms rented), as I am employed by Tennessee Valley Authority, Pickwick Dam, and had to cross the highway to come to house for lunch. Hoping this information will help, I remain, Yours truly, Mr. C. B. REAGH, Pickwick Dam, Tenn C. B. REAGH. WAR DEPARTMENT, OFFICE OF THE CHIEF OF FINANCE, DEAR MR. REAGH: Further reference is made to your letter of October 8, 1937, regarding your claim on account of personal injuries to your minor son and your claim for time lost from work, as a result of an accident involving a Government truck operated in connection with the Civilian Conservation Corps, near Acton, Tenn., on May 6, 1937. In connection with your request to be advised more specifically as to the reason for disapproving your claim, the Chief of Finance directs that you be advised that the claim was necessarily disapproved by the Assistant Secretary of War because, while Congress has authorized the War Department by several statutes to settle claims for property damage, it had not conferred authority on the War Department, at the time this claim arose, to adjust claims in which personal injuries or consequential damages (loss of time, etc.) are involved. The Congress has since passed an act authorizing settlement of claims for medical and hospital bills incurred for injuries as the result of accidents involving Civilian Conservation Corps operations after July 1, 1937, but this law is not retroactive. Regardless of the fact that prior to July 1, 1937, no law existed for the settlement of such claims, it has long been the practice of the War Department to obtain all evidence in cases of this type even though there is no appropriation available for the payment thereof, for the reason that notwithstanding the lack of statutory authority to settle personal injury claims, the War Department may be called upon at some time in the future for a report of all the facts and circumstances surrounding the happening, and it is desired that full particulars relating thereto be of record for such purpose. Very truly yours, Mr. and Mrs. C. B. REAGH, Pickwick Dam, Tenn. DEAR MR. AND MRS. REAGH: Receipt is acknowledged of your letter of October 27, 1937, regarding your claim for personal injuries to your minor son and your claim for time lost from work, as a result of an accident involving a Government vehicle operated in connection with the Civilian Conservation Corps, near Acton, Tenn., on May 6, 1937. In connection with your request for a copy of all reports of investigations pertaining to the case, you are advised that it has long been the policy of the War Department to decline such requests, except upon an order of a court of competent jurisdiction or upon request from a congressional committee. For the Chief of Finance: BENJ. L. JACOBSON, Lieutenant Colonel, Finance Department, Executive Officer. EMERGENCY CONSERVATION WORK, Hon. J. E. RANKIN, House Office Building, Washington, D. C. OFFICE OF THE DIRECTOR, Washington, D. C., June 30, 1937. DEAR MR. RANKIN: Receipt is acknowledged of your letter dated June 28, 1937, with which was enclosed a letter addressed to you by Mr. C. B. Reagh, Route No. 5, Corinth, Miss., whose son was injured in an accident in which a Civilian Conservation Corps truck was involved. It is regretted that Mr. Reagh did not furnish more detailed information. It is suggested that he furnish his son's name, the number and location of the camp to which the truck was attached, and the mission upon which the operator of the truck was engaged at the time the accident occurred. This information is necessary because several Government departments are cooperating in the work of the Civilian Conservation Corps and each department has a certain responsibility. Sincerely yours, Hon. J. E. RANKIN, (Signed) CHAS. H. TAYLOR, WAR DEPARTMENT, OFFICE OF CHIEF OF FINANCE, Washington, D. C., November 13, 1937. House of Representatives, Washington, D. C. MY DEAR MR. RANKIN: In connection with your inquiry of November 8, 1937, regarding the claim of Mr. and Mrs. C. B. Reagh, Pickwick Dam, Tenn., for personal injuries sustained by their minor son, as a result of an accident involving a Government vehicle operated in connection with the Civilian Conservation Corps, near Acton, Tenn., on May 6, 1937, you are advised that the claim was carefully considered in the War Department and was necessarily disapproved by the Assistant Secretary of War for the reason that, while Congress has authorized the War Department by several statutes to settle claims for property damage, it had not conferred authority on the War Department at the time this claim arose, to adjust claims in which personal injuries, or expenses incident thereto (loss of time, etc.) are involved. Under date of June 28, 1937, the Congress passed an act authorizing settlement of claims for medical and hospital bills incurred for injuries as the result of accidents involving Civilian Conservation Corps operations arising after July 1, 1937, but this law is not retroactive. The only means by which relief can be had in claims of this character, occurring prior to July 1, 1937, where the merits of a given case justify such action, is by special legislation at the hands of the Congress. Cordially yours, FRED W. BOSCHEN, Major General |