attached to the mast at the base with a clevis and to the mast at the top with five-eighth-inch manila rope and blocks to adjust it at any angle. The boom was in two pieces, being joined 2 feet from the base with a coupling. Before beginning this project it was necessary for the Geological Survey to obtain a permit from the State Roads Commission of West Virginia to use part of the right-of-way for a record well. This permit contained a stipulation that there would be no interference with traffic over the bridge and for that reason it was not permissible to rope off part of the bridge in the vicinity of the boom for the purpose of preventing accidents. Since this area was not roped off, many spectators came to the handrail to watch the men at work. It is stated by Mr. William Kessler, district engineer of the Geological Survey, that the precautionary steps which were taken to avoid any injury to the public consisted of warning people away from the handrail in the vicinity of the boom when it was being operated children being especially so warned. Under date of September 3, 1938, Naoma Kinder, a minor, was a spectator at this project. It is stated by Mr. Kessler, the Geological Survey engineer in charge of the project, that in hoisting some material the pipe-boom snapped at the base. This allowed the boom to fall and it slid along the concrete handrail of the approach span of the bridge, striking a glancing blow on the shoulder and side of the face of Naoma Kinder, who had leaned over the handrail to watch the work below. This blow knocked the girl's face to the top of the handrail, severely injuring her face. Naoma Kinder was taken to Dr. Clarence E. Lewis, of Nellis, W. Va., who gave the following report on the case: "Loss of both central incisor teeth (upper) and left lateral incisor (upper). Severe laceration 11⁄2 inches long down to the upper maxilla (jaw), this jawbone being exposed, on the left side starting at the left central incisor tooth. Also a deep laceration of the upper lip on the left side about one-half inch long. Severe abrasions on the left side of the face. "The above-mentioned dangling teeth were extracted. All lacerations were debrided and sutured with silk under local anesthesia (procaine 2 percent). Abrasions were treated with Tr. Mercressin and a vaseline dressing applied." The engineers at the project were unable to account for the failure of the boom. This had been in use for about 2 weeks prior to its failure and the greatest load handled was well within the boom's estimated maximum lifting capacity. In its report to your committee the Department of the Interior states that it would not be opposed to the enactment of H. R. 2946, and the report reads in part as follows: "In view of the fact that the boom did fail, and inasmuch as the evidence at hand is not conclusive that those in charge of the project availed themselves of every opportunity to prevent injury, despite the handicap which the stipulation in the State road commission's permit may have imposed, this Department is sympathetic with the claimant named in H. R. 2946." Your committee is of the opinion that the girl should be compensated for pain and disfigurement and recommends the payment of the sum of $750. Appended hereto is the report of the Department of the Interior, together with other pertinent evidence. DEPARTMENT OF THE INTERIOR, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. KENNEDY: This is in further reply to your letter of February 6, requesting a report on H. R. 2946, for the relief of Naoma Kinder, a minor. H. R. 2946 authorizes and directs the Secretary of the Treasury to pay to Naoma Kinder, a minor, the sum of $5,000 in full payment of all claims against the United States for injuries sustained by her at a construction project which was under the supervision of engineers of the Geological Survey. The facts in this case, as they appear from the records, of this Department, are as follows: On August 23, 1938, Naoma Kinder was a spectator at a Public Works Administration project involving the construction of a concrete water-stage recorder well, downstream from the left pier of the steel bridge at Ashford, W. Va. A material hoist was in operation at this project at the time of the accident. It consisted of a mast and a boom of 2-inch galvanized steel pipe, each member being about 16 feet long. The top of the mast was securely braced with four guy wires, and the boom was attached to the mast at the base with a clevis and to the mast at the top with five-eighths-inch manila rope and blocks to adjust it at any angle. The boom was in two pieces, being joined 2 feet from the base with a coupling. Mr. William Kessler, the Geological Survey's district engineer in charge of the project, reported under date of September 3, 1938, that in hoisting some material the pipe boom snapped at the base, allowing the boom to fall, and that it slid along the concrete handrail of the approach span of the bridge striking a glancing blow on the shoulder and side of the face of Naomi Kinder, who had leaned over the handrail to watch the work below. Mr. Kessler further reported that the blow knocked her face to the top of the handrail, breaking three front teeth which had to be removed and resulting in a cut gum which needed several stitches. Under date of October 19, 1938, Mr. Kessler further reported that the permit from the State road commission to use part of the right-of-way for a recorder well contained a stipulation that there would be no interference with traffic over the bridge and that for this reason it was not permissible to rope off part of the bridge in the vicinity of the boom for the purpose of preventing accidents. He also reported that the precautionary steps taken to avoid any injury to the public consisted of warning people away from the handrail in the vicinity of the boom when it was being operated, that children especially were so warned, and that Naomi Kinder, in particular, was warned repeatedly to stay away. The engineers at the project where the accident occurred are unable to state the cause of the boom's failure. It appears that the boom had been in use for about 2 weeks prior to its failure, that the greatest load handled was not in excess of 200 pounds, well within the boom's estimated maximum lifting capacity, and that in their opinion the boom was adequate for the purpose for which it was intended to be used. In view of the fact that the boom did fail, and inasmuch as the evidence at hand is not conclusive that those in charge of the project availed themselves of every opportunity to prevent injury, despite the handicap which the stipulation in the State road commission's permit may have imposed, this Department is sympathetic with the claimant named in H. R. 2946. However, on the basis of information available to this Department, the sum of $5,000 provided for in the bill seems to be out of line with the injuries which were sustained by the claimant. There is no evidence in the possession of this Department showing that the injury resulted in the permanent disfigurement of the claimant. The reports from the field office state that the injury consisted of the loss of three teeth and a lacerated gum. It would therefore seem that unless the injury was of a peculiar nature, not disclosed by the record, competent dental and medical treatment would preclude the possibility of disfiguration. In view of the foregoing circumstances, this Department would not be opposed to the enactment of H. R. 2946, provided that the amount authorized therein is reduced to represent more approximately the actual cost of dental and medical treatment as was or may be necessary in this case, and a reasonable amount as compensation to the claimant for temporary inconvenience and permanent injury resulting from the loss of her teeth. DEAR SIR: The following is the report on the above, who was injured on the Government geological construction at the Ashford Bridge, when a boomer fell on August 23, 1938. Loss of both central incisor teeth (upper) and left lateral incisor (upper). Severe laceration 11⁄2 inches long down to the upper maxilla (jaw), this jaw bone being exposed, on the left side starting at the left central incisor tooth. Also a deep laceration of the upper lip on the left side about one-half inch long. Severe abrasions on the left side of the face. The above-mentioned dangling teeth were extracted. All lacerations were debrided and sutured with silk under local anesthesia (procaine 2 percent). Abrasions were treated with tincture mercressin and a vaseline dressing applied. General sanitary oral (mouth) instructions including mouth wash with sterile saline solution were given to patient. To return next day for dressing. Hoping this is the desired information that you wish, I remain Very sincerely yours, CLARENCE E. LEWIS, M. D. Subscribed before me, a notary public of Boone County, W. Va., this February 11, 1939. [SEAL] My commission expires May 5, 1946. O. E. BARKER, Notary Public. ASHFORD, W. Va., February 11, 1939. This day personally appeared before me the undersigned: Thomas Curry, Ruth Kirk, Quincy Abshire, and L. D. Kirk, who, on oath, deposes and say that they was an eyewitness to the injury of Naomi Kinder, of Ashford, W. Va., as injured as outlined in Dr. Clarence E. Lewis' statement of February 11, 1939. THOMAS (his X mark) CURRY, MISS RUTH KIRK, QUINCY ABSHire, L. D. KIRK. STATE OF WEST VIRGINIA, Boone County, ss: Subscribed and sworn to before me, a notary public in my said county and State, this the 11th day of February 1939. [SEAL] O. E. BARKER, Notary Public. My commission expires as notary public the 5th day of May 1946. о JUNE 12 (legislative day, MAY 28), 1940.—Ordered to be printed Mr. TOWNSEND, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3142] The Committee on Claims, to whom was referred the bill (H. R. 3142) for the relief of Leland G. Myers, 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. 1859, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 1859, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 3142) for the relief of Leland G. Myers, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 3, strike out the word "is" and insert in lieu thereof "be, and he is hereby". At the end of the bill add: ": 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 the sum of $250 to Leland G. Myers, New Kensington, Pa., in full settlement of all claims against the United States for losses sustained by the said Leland G. Myers on account of personal injuries received as the result of an accident on October 23, 1937, on Pennsylvania Route 66, involving an automobile owned and operated by the said Leland G. Myers, and a Government-owned truck in the service of the Corps of Engineers, United States Army. STATEMENT OF FACTS On October 23, 1937, Mr. Leland G. Myers was driving his Chevrolet sedan at an estimated speed of 35 to 45 miles per hour, on Pennsylvania Route 66 in a northerly direction from New Kensington to Oak Ridge. At the time, he had as passengers his wife, his child, and his wife's grandparents, Mr. and Mrs. S. L. Barger, whom he was taking back to their home in Oak Ridge after a visit with him and his wife. At the same time, one Russell Grey was driving a Government-owned truck in the service of the Corps of Engineers, United States Army, on the same highway, following Mr. Myers' car in the same direction. Grey, who was on official duty at the time, attempted to pass Mr. Myer's machine. The two left wheels of the Government truck went off the highway and, in attempting to bring the truck back on the road, the operator lost control of the vehicle, causing it to strike the left side of Mr. Myers' automobile. This caused the private car to run up on an embankment and when it came back down the embankment it rolled over. The door beside Mr. Myers came open, and his leg flew out. The car fell on its left side and skidded along the pavement with Mr. Myers' leg under it, bruising the leg considerably and almost crushing his knee. The car came to a stop with Mr. Myers' leg pinned under it. Mr. Myers also suffered three broken ribs and numerous cuts and bruises. Mrs. Myers suffered cuts and bruises and brush burns. The child was uninjured Mr. and Mrs. Barger were both badly shaken up and suffered numerous bruises, and it is stated that Mrs. Barger suffered internally. Mr. Myers presented a claim for his property damage to the War Department, and was granted $216 to cover same. In addition to this property damage, however, Mr. Myers has suffered other monetary losses for which he should be compensated. He had to pay doctors bills in the amount of $40, towing charges amounting to $9 and a hospital bill of $1. As a result of this accident Mr. Myers was unable to perform the duties of his old job and has been demoted to a job which pays him 10 cents less per hour, causing him to lose an average of $16 per month. Furthermore, it seems that Mr. and Mrs. Barger have an income of only $20 per month which they receive as old-age pension, and the medical expenses incurred by them had to be met by Mr. Myers. At this time Mrs. Barger is still unable to perform her household duties. In view of these losses and the admitted liability of the Government, it is the opnion of your committee that Mr. Myers should be allowed the sum of $250 in settlement of his claim on account of personal injuries. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives, Washington, D. C. WAR DEPARTMENT, Washington, July 10, 1959. DEAR MR. KENNEDY: Further reference is made to your letter of May 31, 1939, enclosing a copy of H. R. 3142, Seventy-sixth Congress, first session, a bill for the relief of Leland G. Myers in the sum of $250 in full settlement of all claims for losses sustained by Mr. Myers on account of personal injuries received as a result of an accident on October 23, 1937, on Pennsylvania route No. 66, when the automobile of Mr. Myers collided with a Government-owned truck operated under the supervision of this Department. The records of this Department indicate that the operator of the Government vehicle, while proceeding on official business, attempted to pass Mr. Myers' machine. The two left wheels of the Government truck went off the highway and, in attempting to bring the Government truck back on the road, the operator lost control of the vehicle, causing it to strike the left side of Mr. Myers' automobile. The facts of record indicate that the driver of the Government truck was found guilty of reckless driving. It appears from the record that Mr. Myers has suffered some injuries as a result of the accident and through the negligence of the driver of the Government vehicle. While the War Department is not prepared to determine the precise extent of the injuries or the amount that should be allowed under the circumstances, it will interpose no objection to the enactment of legislation to compensate Mr. Myers for the injuries he received, in such amount as the Congress in its discretion may deem proper to allow. Sincerely yours, HARRY H. WOODRING, |