"September 28, 1941: Cast reinforced. Patient comfortable. "October 13, 1941: Dr. Tupper called-cast bivalved. Patient discharged from hospital. X-ray taken of pelvis shows good union. To remain in bed for a few weeks, then start walking. "February 8, 1942: Is walking with cane and feels all right. To be X-rayed at Summerville and return before going to work. "February 20, 1942: Feels O. K. To return to work on Monday, February 23. Bony union present X-ray-some pain left leg; some swelling of ankles. "April 10, 1942: Worried about getting in Army. Has no pain. Can do full knee bend and move back very well. Is going to work.' "February 8, 1942: Is walking with cane and feels all right. To be X-rayed The records of the War Department show that Mr. Metts was inducted into the Army on March 16, 1942, and was discharged therefrom on October 29, 1945. The records of the Department further show that for the treatment of his injuries Mr. Metts incurred the following expenses: Dorchester County Hospital, Summerville, S. C.. Total... $125.50 100. 00 225. 50 Harry C. Metts at the time of his injury was 21 years of age and apparently unmarried, and was employed at the United States Navy Yard at Charleston, S. C., as a pipe fitter helper second-class at a wage of about $31 a week. It appears that as a result of his injury he was unable to return to his work until March 9, 1942, thereby sustaining a loss of earnings in the approximate amount of $655.04. The evidence of record clearly establishes that this accident and the resulting personal injuries sustained by Harry C. Metts were proximately caused by the negligence of the driver of the Army truck involved in said accident in rounding a sharp curve at an excessive speed, thereby losing control of his vehicle. There was no negligence on the part of the claimant or the driver of the automobile in which he was riding. The War Department, therefore, believes that Mr. Metts should be compensated in a reasonable amount for the personal injuries, pain and suffering, and loss of earnings sustained by him as a result of this accident and for the medical and hospital expenses incurred. The proposed award of $2,500 ($225.50 for medical and hospital expenses actually incurred; $655.04 for loss of earnings; and $1,619.46 for personal injuries and pain and suffering) would appear to be a fair and reasonable settlement for all of the damages sustained by the claimant as a result of this accident. The War Department, accordingly, would have no objection to the enactment of the bill. The claimant has no remedy under the Federal Tort Claims Act of August 2. 1946 (60 Stat. 842; 28 U. S. C. 921), since the accident out of which this claim arose occurred prior to January 1, 1945. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours, ROBERT P. PATTERSON, Secretary of War. AFFIDAVIT OF HARRY C. METTS STATE OF SOUTH CAROLINA, County of Colleton, ss; Personally appeared before me Harry C. Metts who, upon being duly sworn, says that he is 22 years of age; that on the 15th day of September 1941 he was riding in an automobile, the property of Mr. Lamar Muckenfuss of Cottageville, S. C., eastward on State Highway No. 64 in the town of Summerville, S. C., when a United States Army truck which was one of a convoy under the charge of Maj. William J. Western of the Two hundred and twelfth Coast Artillery (AA) Camp Stewart, Ga., trail officer, which went out of control and struck the automobile in which the deponent was riding; and inflicting upon the deponent a simple complete fracture of the left remi ischium and pelvic bone and causing him to be placed in a body cast for 3 months and incapacitating him from work for approximately 6 months; that he was placed in the Dorchester County hospital by officer of the convoy on September 15. 1941, at 7:10 p. m. and remained there until October 8, 1941 at which time he was removed to his home; that he was treated by Dr. E. D. Tupper that certain correspondence between the Dorchester County Hospital and United States Army on his behalf is kept in file No. Fin. 153; that deponent has never before made any claim for such injuries and attaches hereto claim for damages-Accident, Motor Transportation. Standard Form No. 28, in the amount of $1,493.50; that said claim is based upon $125, expenses incurred by deponent with the Dorchester County Hospital. a bill for which is attached to said claim and $100 for medical services to Dr. George Dawson, bone specialist of Charleston, S. C., a bill for which is attached to said claim; $768 for loss of work based upon an average wage of $32 per week for 24 weeks as a pipe fitter helper, second class, at the United States Navy Yard, Charleston, S. C.. where deponent was employed at the time of the injury and $500 for pain and suffering; that no part of this claim has been paid to the said Harry C. Metts and that the same is justly due and owing In the event claim is awarded, I agree that the Dorchester County Hospital and Dr. George Dawson of Charleston be paid direct. HARRY C. METTS. AFFIDAVIT OF WILLIAM A. RHODE STATE OF SOUTH CAROLINA, County of Colleton, ss.: Personally appeared before me William A. Rhode who upon being duly sworn says that he is 20 years old; that on the 15th day of September, 1941 he was riding in an automobile, the property of Lamar Muckenfuss, in the rear seat; that Harry C. Metts was riding on the left hand rear seat with him; that Lamar Muckenfuss was driving the automobile westward on State Highway No. 64 in the town of Summerville; that it was a clear day and the road was dry; that the automobile was being driven at a speed of 25 miles per hour on the right hand side of the road going west; that as they approached the curve in the daylight an Army truck came around the sharp curve going east, at about 35 or 40 miles an hour, and was unable to make the curve; the Army truck left the highway on his rht hand side of the road and then cut straight back to the left-hand side and ran into the automobile in which the deponent and Harry C. Metts was riding; that the Army truck struck the automobile in which the deponent was riding at about the front door and split it wide open all the way back; that the other members of the party in the automobile were cut and bruised together with the deponent but that Harry C. Metts was severely injured, breaking something in his back; that the convoy of trucks stopped and the commanding officer took the said Harry C. Metts into Summerville to the hospital, and the deponent together with Hugo Hoff caught a ride to his home at Cottageville, S. C.; that in the car with Harry C. Metts were Hugo Hoff, Robert Youmans, William Rhodes, Clifton Lamar Muckenfuss, James Allen Adams, and J. T. Metts the father of Harry C. Metts; that the driver of the Army truck striking the automobile in which the deponent was riding stated that he was sorry but he was going too fast to make the curve and lost control of the truck. Personally appeared before me Robert W. Youmans who upon being duly sworn says that he is 32 years old; that on the 15th day of September 1941 he was riding in an automobile, the property of Lamar Muckenfuss, in the rear seat: that Harry C. Metts was riding on the left-hand rear seat with him; that Lamar Muckenfuss was driving the automobile westward on State Highway No. 64 in the town of Summerville; that it was a clear day and the road was dry; that the automobile was being driven at a speed of 25 miles per hour on the right-hand side of the road going west; that as they approached the curve in the daylight an Army truck came around the sharp curve going east, at about 35 or 40 miles an hour, and was unable to make the curve; the Army truck left the highway on his right-hand side of the road and then cut straight back to the left-hand side and ran into the automobile in which the deponent and Harry C. Metts was riding; that the Army truck struck the automobile in which the deponent was riding at about the front door and split it wide open all the way back; that the other members of the part in the automobile were cut and bruised together with the deponent but that Harry C. Metts was severely injured, breaking something in his back; that the convoy of trucks stopped and the commanding officer took the said Harry C. Metts into Summerville to the hospital, and the deponent together with Hugo Hoff caught a ride to his home at Cottageville, S. C.; that in the car with Harry C. Metts were Hugo Hoff, Robert Youmans, William Rhodes, Clifton Lamar Muckenfuss, James Allen Adams, and J. T. Metts the father of Harry C. Metts; that the driver of the Army truck striking the automobile in which the deponent was riding stated that he was sorry but he was going too fast to make the curve and lost control of the truck. Sworn to before me this 2d day of August, 1944. [SEAL ROBERT W. YOUMANS. FELIX M. HERULON, Notary Public for South Carolina. AFFIDAVIT OF JAMES ALLEN ADAMS STATE OF SOUTH CAROLINA, County of Colleton, ss. Personally appeared before me James Allen Adams, who upon being duly sworn says that he is 23 years old; that on the 15th day of September 1941 he was riding in an automobile, the property of Lamar Muckenfuss, in the rear seat; that Harry C. Metts was riding on the left-hand rear seat with him; that Lamar Muckenfuss was driving the automobile westward on State Highway No. 64 in the town of Summerville; that it was a clear day and the road was dry; that the automobile was being driven at a speed of 25 miles per hour on the righthand side of the road going west; that as they approached the curve in the daylight an Army truck came around the sharp curve going east, at about 25 or 40 miles an hour, and was unable to make the curve; the Army truck left the highway on his right-hand side of the road and then cut straight back to the left-hand side and ran into the automobile in which the deponent and Harry C. Metts was riding; that the Army truck struck the automobile in which the deponent was riding at about the front door and split it wide open all the way back; that the other members of the party in the automobile were cut and bruised together with the deponent but that Harry C. Metts was severely injured, breaking something in his back; that the convoy of trucks stopped and the commanding officer took the said Harry C. Metts into Summerville to the hospital, and the deponent together with Hugo Hoff caught a ride to his home at Cottageville, S. C.; that in the car with the deponent besides Harry C. Metts were Hugo Hoff, Robert Youmans, William Rhodes, Clifton Lamar Muckenfuss, and J. T. Metts, the father of Harry C. Metts; that the driver of the Army truck striking the automobile in which the deponent was riding stated that he was sorry but he was going too fast to make the curve and lost control of the truck. Personally appeared before me John T. Metts, who upon being duly sworn says that he is 50 years old; that on the 15th day of September 1941 he was riding in an automobile, the property of Lamar Muckenfuss, in the front seat; that Harry C. Metts, his son, was riding on the left-hand rear seat with William A. Rhode; that Lamar Muckenfuss was driving the automobile westward on State Highway No. 64 in the town of Summerville; that it was a clear day and the road was dry; that the automobile was being driven at a speed of 25 miles per hour on the right-hand side of the road going west; that as they approached the curve in the daylight an Army truck came around the sharp curve going east, at about 35 or 40 miles an hour, and was unable to make the curve; the Army truck left the highway on his right-hand side of the road and then cut straight back to the left-hand side and ran into the automobile in which the deponent and Harry C. Metts were riding; that the Army truck stuck the automobile in which the deponent was riding at about the front door and split it wide open all the way back; that the other members of the party in the automobile were cut and bruised together with the deponent but that Harry C. Metts was severely injured, breaking something in his back; that the convoy of trucks stopped and the commanding officer took the said Harry C. Metts into Summerville to the hospital, and that your deponent, the father of the said Harry C. Metts, went along to the hospital with the commanding officer of the convoy; that in the car with Harry C. Metts were Hugo Hoff, Robert Youmans, William Rhodes, Clifton Lamar Muckenfuss, James Allen Adams, and your deponent, J. T. Metts, the father of Harry C. Metts; that the driver of the Army truck striking the automobile in which the deponent was riding stated that he was sorry but he was going too fast to make the curve and lost control of the truck. JOHN T. METTS. AFFIDAVIT OF HUGO HOFF STATE OF SOUTH CAROLINA, County of Colleton, ss: Personally appeared before me Hugo Hoff, who upon being duly sworn says that he is 30 years old; that on the 15th day of September 1941 he was riding in an automobile, the property of Lamar Muckenfuss, in the middle of the rear seat; that Harry C. Metts was riding on the left-hand rear seat beside him; that Lamar Muckenfuss was driving the automobile eastward on State Highway No. 64 in the town of Summerville; that it was a clear day and the road was dry; that the automobile was being driven at a speed of 20 to 25 miles per hour on the right-hand side of the road going east; that as they approached the curve in the daylight an Army truck came around the sharp curve going west, at about 35 or 40 miles an hour, and was unable to make the curve; the Army truck left the highway on his right-hand side of the road and then cut straight back to the left-hand side and ran into the automobile in which the deponent and Harry C. Metts were riding; that the Army truck struck the automobile in which the deponent was riding at about the front door and split it wide open all the way back; that the other members of the party in the automobile were cut and bruised together with the deponent but that Harry C. Metts was severely injured, breaking something in his back; that the convoy of trucks stopped and the commanding officer took the said Harry C. Metts into Summerville to the hospital, and the deponent caught a ride to his home at Cottageville, S. C.; that in the car with the deponent besides Harry C. Metts were James Allan Adams, Robert Youmans, William Rhodes, Clifton Lamar Muckenfuss, and J. T. Metts, the father of Harry C. Metts; that the driver of the Army truck striking the automobile in which the deponent was riding stated that he was sorry but he was going too fast to make the curve and lost control of the truck. Sworn to before me this 3d day of December 1943. [SEAL] HUGO HOFF. H. WAYNE UNGER, Notary Public for South Carolina. O MRS. T. A. ROBERTSON MAY 25, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. JENNINGS, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 1282) The Committee on the Judiciary, to whom was referred the bill (H. R. 1282) for the relief of Mrs. T. A. Robertson, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 2, line 6, strike out "$6,656.80", and insert "$3,000". The purpose of the proposed legislation is to pay the sum of $3,000 to Mrs. T. A. Robertson, of Murfreesboro, Tenn., for the uninsured portion of the loss sustained by her when a fire destroyed her house and household goods on January 13, 1944, caused by traffic congestion created by United States Army convoys. STATEMENT OF FACTS It appears that on January 13, 1944, Mrs. T. A. Robertson, of Murfreesboro, Tenn., owned a large 12-story frame dwelling house located at 549 East Main Street, at the corner of University Avenue, in Murfreesboro. At about 2:30 p. m., on that date, Mrs. Robertson's maid discovered that the house was on fire, whereupon she telephoned the city fire department. The fire station responsible for answering the call is located at the corner of Vine and Spring Streets and is one block south and 3 blocks west of the block within which the Robertson house was located. Upon receiving the call, about 2:30 p. m., on that date, the first fire truck, loaded with the necessary hose and other equipment, proceeded one block north on Spring Street, the driver intended to turn right and travel east on Main Street to the fire. At the same time two Army convoys were proceeding on Main Street, one traveling east and the other west. At the corner of Spring and Main Streets the fire truck was delayed for several minutes, but its driver was finally able to break into the east-bound convoy which was proceeding at an |