"That, in the opinion of the board, no one was injured in the accident. "That Private First Class * * * was not under the influence of intoxicants or narcotics at the time of the accident, that he acted promptly in applying his brakes, and the accident was not his fault."

After careful consideration of the evidence in the case, it is the view of the War Department that the proximate cause of the accident was the negligence of the driver of the unidentified west-bound vehicle, in that he turned to his left across the path of the east-bound line of traffic when the leading vehicle in such line was so close to him as to necessitate its being brought to a sudden stop, thereby making the collision unavoidable. It is the further view of the Department that the Army driver was not following the Anderson automobile more closely or at a greater speed than was prudent under the circumstances as they appeared to him, that he could not reasonably have been expected to anticipate the sudden movement of the west-bound car across the path of the east-bound vehicles, and that when suddenly confronted with the emergency he acted promptly and brought his vehicle to a stop as quickly as was possible. The Department, therefore, believes that the United States was in no way responsible for the accident and the resultant injuries sustained by Mrs. J. K. Anderson (formerly Miss Kay Bayne), and for this reason is constrained to recommend that the bill be not favorably considered.

The fiscal effect of the bill is manifest.

The Bureau of the Budget by letter dated January 25, 1944, has advised that while there would be no objection to the submission of this report for the consideration of the committee, it is the view of that office that while the amount of the proposed relief, $5,000, is grossly excessive, the Government should be considered liable for the failure of the Army driver to bring the Army truck to a stop before it crashed into the rear of the passenger car in which the claimant was riding.

Sincerely yours,

HENRY L. STIMSON,
Secretary of War.

The undersigned, being duly sworn, makes oath as follows:

My name is Miss Kay Bayne, and I reside at 2406 East Twelfth Street, Chattanooga, Tenn. On the 28th day of April 1940, on or about 4:30 p. m., I was riding in the rear seat of an automobile belonging to Mr. J. P. Anderson, the same being a 1937 Ford, motor No. 54260805. Mr. B. F. Tawzer was operating the car, and Mrs. Tawzer was sitting in the front seat with him. We had been to Fort Benning watching the Army maneuvers which were taking place there and where my fiance, r. J. P. Anderson, was stationed at the time, and were returning to Columbus, Ga., when an Army truck, belonging to the Fifth Field Artillery, and bearing No. W-314568, and which was traveling in the same direction of our car, ran into the rear end of the car in which I was riding. I was thrown from my seat against the seat in front of me and was injured.

Immediately before the accident, we were traveling in the regular line of traffic, which was proceeding toward Columbus, Ga., at a very moderate rate of speed. There were several automobiles in front of us, and the Army truck above referred to was following immediately behind us. While following in this line of traffic, one of the cars in front of us, suddenly and without any warning, turned right off of the main highway, and by doing so, caused all of the automobiles that were in the rear of this car to come to a stop. After our automobile had come to a complete stop, the Army truck which was following us ran into the rear end of our car. After the collision, the driver of the Army truck admitted that he was traveling too fast and was, therefore, unable to bring his truck to a stop so as to avoid striking our car. Our car was struck with such force that it was thrown directly against the car in front of us, which was being driven by Mr. S. M. Welburn of 1501 Third Street, Columbus, Ga. I understand that Mr. Welburn's car was also damaged.

I did not realize at the time how badly I was hurt, although I was suffering a great deal. We drove back to Chattanooga the same night and I called Dr. Ed Johnson who, after making an examination, advised me that I had one broken and one fractured rib and would have to be confined to my bed for several weeks. I have been under the treatment of a doctor since the date of the accident and have not yet recovered from my injuries.

Immediately after the accident, Lt. Lloyd Jones, with the Sixth Division of the Twentieth Infantry, came upon the scene and made an investigation of the accident. Mr. W. C. Webster, who stated that he was a county officer, also made inquiry as to how the accident occurred and talked with several of the witnesses, I am advised.

Witness my hand this 4th day of June 1940.

KAY BAYNE.

Sworn to and subscribed before me this 4th day of June 1940.
Mrs. CAROLINE G. CLARK, Notary Public.

My commission expires April 10, 1941.

The undersigned, being duly sworn, makes oath as follows:

My name is Dr. Russell Hackney. I am a licensed practicing physician in Chattanooga, Hamilton County, Tenn., with offices at 311 McCallie Avenue. I examined Mrs. J. K. Anderson on the day of June 1940, and found after three repeated audiometer readings were checked against each other they coincided. They showed a 44 percent reduction of hearing in Mrs. Anderson's left The hearing in her right ear is perfectly normal. In addition to this she has a continual tinnitus and intermittent otalgia. Inasmuch as her history reveals that her above symptoms began after the accident which she sustained on the 28th day of April 1940, it is my opinion that this disturbance is the direct result of the post aural injury sustained in the accident.

ear.

RUSSELL HACKNEY, M. D.

Sworn to and subscribed before me this 2d day of July 1940.

Mrs. CAROLYN G. Clark, Notary Public.

My commission expires April 10, 1941.

STATE OF TENNESSEE,

County of Hamilton:

I, Mrs. B. F. Tawzer, being duly sworn, make oath, as follows:

I reside at 216 Poplar Street, Chattanooga, Tenn. On the 28th day of April 1940, at or about 4:30 p. m., I was riding in an automobile, the property of J. K. Anderson, in company with my husband, B. F. Tawzer, who was driving the car, and Miss Kay Bayne. Miss Bayne was occupying the back seat, and my husband and I were riding in the front seat. We had been to Fort Benning, Ga., to witness the maneuvers that were taking place there and were returning to Columbus, Ga., when an Army truck, which I am advised belonged to the Fifth Field Artillery, bearing No. W-314568, collided with the rear of the automobile in which I was riding.

Immediately before the collision, we were traveling on the right side of the highway en route to Columbia, Ga., and were proceeding in a line of traffic. We were traveling, I would estimate, between 15 and 20 miles per hour, when one of the automobiles in front of us turned off of the highway. There were at least three cars in front of us at the time, and they all came to a complete stop. The car in which I was riding also came to a stop, and just as it did the Army truck which was apparently traveling at a high rate of speed ran directly into the rear of our car and caused it to be knocked into the car immediately in front of us. Miss Kay Bayne, who was sitting in the rear seat of our car, received the full force of the impact and was thrown out of her seat and against the front seat and side of the car. We drove back to Chattanooga the same night and Miss Bayne seemed to be in great pain during all of the trip. I learned later that she had received two broken ribs in the accident.

Witness my hand this 9th day of May 1940.

Mrs. B. F. TAWZER.

Sworn to and subscribed before me this 9th day of May 1940.
Mrs. CAROLINE G. CLARK,

Notary Public.

STATE OF TENNESSEE,

County of Hamilton:

I, B. F. Tawzer, being duly sworn, make oath as follows:

I reside at 216 Poplar Street, Chattanooga, Tenn. On the 28th day of April 1940, I was driving an automobile belonging to Mr. J. P. Anderson from Fort Benning, Ga., to Columbus, Ga., in company with my wife, who was sitting on the front seat with me, and Miss Kay Bayne, who was occupying the rear seat. We were traveling on the right side of the highway toward Columbus in the regular line of traffic. There were two or three cars in front of us and an Army truck, bearing No. W-314568, was traveling immediately behind us. While traveling along the highway, one of the automobiles in front of us suddenly turned off of the main highway and in doing so made it necessary for all of the automobiles in the rear of this car to come to a stop. After our automobile had come to a complete stop, the Army truck which was following us ran into the rear end of our car. After the collision the driver of the Army truck frankly admitted that he was unable to bring his truck to a stop so as to avoid striking our car. The car that I was driving was struck with such force that it was thrown directly against the car in front of us, which I understand was being driven by Mr. S. M. Welburn, of 1501 Third Street, Columbus, Ga.

We drove back to Chattanooga the same night. I do not know the extent of Miss Bayne's injuries.

Witness my hand this 8th day of May 1940.

Sworn to and subscribed before me this 8th day of May 1940.

My commission expires April 10, 1941.

STATE OF TENNESSEE,

County of Hamilton:

B. F. TAWZER.

VENICE E. BUSH, Notary Public.

The undersigned, being duly sworn, makes oath, as follows:

I am a licensed practicing physician in Chattanooga, Hamilton County, Tenn., with offices at 307 East Eighth Street.

I examined Mrs. J. K. Anderson on April 30, 1940, and found she had seventh and eighth ribs of right side broken. The eighth rib of the left side was also broken. She also had a bad bruise behind her left ear. Her right hand was also brusied and she received a bruise to her spine. She is till receiving treatment.

Further deponent sayeth not.

Dr. E. C. JOHNSTON.

Sworn to and subscribed before me, this the 28th day of June 1940.

My commission expires April 10, 1941.

Miss KAY BAYNE:

Chattanooga, Tenn:

Mrs. CAROLINE G. Clark,

Notary Public.

WAR DEPARTMENT,

OFFICE OF CHIEF OF FINANCE, Washington, D. C., August 13, 1941.

DEAR MISS BAYNE I am directed by the Chief of Finance to inform you that your claim in the amount of $4,000 for personal injuries resulting from an accident involving an Army truck and a Ford Sedan, owned by Corp. John K. Anderson, on First Division Road (Columbus-Cusseta Highway), Fort Benning, Ga., on April 28, 1940, has been carefully considered in the War Department.

The claim was, however, disapproved by the Secretary of War 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. The only means of relief in claims of this character is by special legislation at the hands of the Congress.

The War Department regrets the occurrence of the accident.

Sincerely yours,

M. R. TIDWELL, Jr., Captain, Finance Department.

О

78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

LESSIE C. SELMAN

{

REPORT No. 1325

MARCH 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed

Mr. ABERNETHY, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 1668]

The Committee on Claims, to whom was referred the bill (H. R 1668) for the relief of Lessie C. Selman, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Line 9, after the word "March", insert "22".

At the end of the bill, strike out the period and insert:

: 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 appropriate the sum of $1,754.39 to Lessie Mae Selman, as administratrix of the estate of T. P. Selman, deceased, of Quincy, Fla., in full settlement of all claims against the United States for property damage sustained when a United States Army airplane crashed on their farm on March 22, 1942.

STATEMENT OF FACTS

It appears that on March 22, 1942, at 10:25 a. m., an Army airplane, piloted by a commissioned officer, took off from Dale Mabry Field, Tallahassee, Fla., on a unit training and pilotage flight. At 11:25 a. m. the plane crashed on a farm owned by the estate of T. P. Selman, deceased, situated about 1 mile east of Quincy, Fla. As a result of the crash, and the consequent burning of the airplane, a barn on the farm caught fire and was totally destroyed with all of its contents.