of Gouveneur Avenue and Van Cortlandt Park South, which was a regular cross walk used by civilian pedestrians at that time, having been erected while the excavation work was going on underneath. I stood on the cross walk facing the street so that I could watch the car go by. The cross walk was narrow and as I stood there, the boards behind me suddenly gave way, as a result of which I fell into the excavation. There was no watchman or other sign in front of the excava tion to denote danger. Immediately before the accident, I was proceeding to meet my son Mathew, who was 7 years old at that time, who attended Public School 95, Sedgwick and Norman Avenues, Bronx, N. Y., to take him home for lunch. After I was helped from the excavation, I was removed to Fordham Hospital where I was confined from October 16, 1941, to October 30, 1941. I sustained the following injurie, as a result of this accident: Multiple injuries of the head and hip, laceration of the scalp, cerebral concussion, contusion and abrasion of the right hip. The bill of the Fordham Hospital, city of New York, for treatment at said hospital, amounted to $137.35. When I was discharged from Fordham Hospital (October 30, 1941) I was removed to my home where I was confined for 4 more weeks. At the time of the accident I was employed as a dressmaker and earned approximately $40 a week. I was prevented from working for 6 weeks and lost $240 in wages. While I was confined at the Fordham Hospital and while I was cofinned at home for 4 weeks after my discharge from the Fordham Hospital, I expended $75 for household help. Since the aforementioned accident, I suffer from extreme nervousness, insomnia, and high blood pressure. I frequently experience forgetfulness and loss of memory. I manifested none of the foregoing symptoms before the foregoing accident. Since the occurrence of this accident and up to the present time I frequently experience sensations of pain in the region of the head where stitches were made. I have also found that my efficiency as a worker has been impaired by reason of this accident. I cannot work as speedily and concentrate as I did before the accident. Sworn to before me this day of December 1943. [SEAL] MARY HERtz. BARNETT SHILLMAN, Notary Public, Bronx County Clerk's No. 128, Register No. 67344; New York County Clerk's No. 946, Register No. 48515. Commission expires March 30, 1944. STATE OF NEW YORK, County of New York, 88: Herbert Allen, being duly sworn, deposes and says: I reside at 525 West Onehundred forty-sixth Street, borough of Manhattan, city of New York. On October 16, 1941, I was employed as a delivery man by Amalgamated Grocery, located at 4010 Saxon Avenue, Bronx, N. Y. I knew Mrs. Mary Hertz because I had delivered orders to her on several occasions. On October 16, 1941, at about 11:55 a. m. I was pushing a pushcart with merchandise on the southern side of Van Cortlandt Park South on the highway near the curb and was traveling in the direction of Gouverneur Avenue. The entire sidewalk on the southerly side of Van Cortlandt Park South, which is bounded on one side by Gouverneur Avenue, was torn up and there was no sidewalk on the southerly side of Van Cortlandt Park South on which pedestrians could_walk. I saw Mrs. Mary Hertz walking along the curb of Van Cortlandt Park South. She was walking a few feet in front of my cart. As Mrs. Hertz approached the southwest corner of Van Cortlandt Park South and Gouverneur Avenue, she stepped up on a regulation cross walk located on the southwest corner of Van Cortlandt Park South and Gouverneur Avenue, which was erected while the excavation work was going on underneath. She stood there for a few seconds facing the street, when suddenly I saw the board behind her give way, causing Mrs. Hertz to fall into the excavation. The excavation into which Mrs. Hertz fell had been guarded only by a board with one end resting on a wooden horse and the other end extending horizontally but slanting on an angle reaching the sidewalk. After the accident, wooden boards were driven into the ground in a vertical position extending anywhere from 4 to 6 feet. Sworn to before me this 18th day of January 1944. [SEAL] HERBERT ALLEN. MARTIN GARVATH, Notary Public, New York, New York County Clerk's No. 208, Registry No. 4H103. Commission expires March 30, 1944. CITY OF NEW YORK, DEPARTMENT OF HOSPITALS, Re: Mary Hertz, age 49, 100 Van Cortlandt Park South. New York, N. Y. DEAR SIR: Patient admitted October 16, 1941, with a history of having fallen into a manhole, sustaining multiple injuries of the head and hip. Examination revealed laceration of the scalp, cerebral concussion, contusion and abrasion of the right hip. X-ray of skull revealed no evidence of fracture. X-ray of the hip also showed no evidence of fracture. Patient's condition improved and she was discharged on October 30, 1941. Final diagnosis: Cerebral concussion, laceration of scalp, contusion and abrasion of right hip. Yours very truly, CITY OF NEW YORK, DEPARTMENT OF HOSPITALS, Mrs. MARY HERTZ, Bronx, N. Y. LIABILITY DIVISION, For medical and surgical services rendered to Mary Hertz, injured Oct. 16, 1941, at Fordham Hospital from Oct. 16 to Oct. 30, 1941 (discharged): 14 days general institutional care, at $5. 4 laboratory tests--- Ambulance service.. X-ray service.... Suturing... Total.... POLICE DEPARTMENT, CITY OF NEW YORK, Surname: Hertz, Mary. Residence: 100 Van Cortlandt Park South. $70.00 21.00 10. 00 31. 25 5. 00 137. 25 FIFTIETH PRECINCT, Time and date of accident: 11:55 a. m., October 16, 1941. Place of accident: Southeast corner Van Cortlandt Park South and Gouverneur Avenue. Nature of injury: Laceration of scalp. Cause of injury: While leaning backward against guard rail of excavation, fell into the excavation, bringing guard rail with her. Witnesses: Fred Ziehl, 1062 Calhoun Avenue; Charles Lehing, 782 East One Hundred and Sixty-ninth Street. Dr. Gordon, Fordham Hospital. H. Repts., 78-2, vol. 277 THOMAS MOORE, Patrolman, Shield No. 7353, Fiftieth Precinct. PATRICIAN FROX, INC., New York City, April 30, 1942. Re: Police Inquiry No. 97-1350: Mary Hertz. New York, N. Y. GENTLEMEN: We have on hand your letter of April 27 regarding the above. We wish to advise you that Mary Hertz was employed by us at the time of the accident and the last day she worked was October 16, 1941. As she is a pieceworker, her average earnings are $30 per week. She returned to work on Novem ber 27. We trust that this information is satisfactory. PATRICIAN FROX, INC., By S. HOROWITZ. O 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session { REPORT No. 1340 CONRAD H. CLARK AND ROCCO CELLETTE APRIL 12, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEOGH, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 933] The Committee on Claims, to whom was referred the bill (H. R. 933) for the relief of Conrad H. Clark and Rocco Cellette, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 6, after the figures "$500" insert "and to pay the sum of $200 to Rocco Cellette, of Cranston, Rhode Island". Page 1, line 7, strike out "his". Page 1, line 8, after the word "expenses" insert "and loss of wages". Page 1, line 8, strike out "him" and insert in lieu thereof "them". Page 1, line 11, strike out "he was operating" and insert in lieu thereof "they were riding". Page 2, line 1, strike out "Work Projects" and insert in lieu thereof "Works Progress". The purpose of the proposed legislation is to appropriate the sum of $500 to Conrad H. Clark; and to pay the sum of $200 to Rocco Cellette, both of Cranston, R. I., in full settlement of all claims against the United States for personal injuries, medical expenses, and loss of wages, as a result of a collision between the automobile in which they were riding and a United States Works Progress Administration vehicle on February 27, 1939. STATEMENT OF FACTS It appears that on February 27, 1939, at about 7:40 a. m., Conrad H. Clark, accompanied by Rocco Cellette, was operating his automobile in a southerly direction on Oaklawn Avenue, Cranston, R. I.; that as the automobile entered the intersection at Oaklawn and Sockanosett Avenues, a Government-owned vehicle, also traveling in a southerly direction, operated by a Works Progress Administration employee at an excessive speed, attempted to pass to the left of Mr. Clark's car; that the operator of the Government vehicle apparently lost control thereof, with the result that it struck and damaged the rear of the civilian car. Mr. Clark and Mr. Cellette suffered personal injuries. It also appears that, although visibility was clear, the streets were wet from a rain on the previous day and some sections were icy. Mr. Clark suffered a back injury for which he was treated by a local physician. The charge for such treatment was $21. It also appears from a bill of St. Joseph's Hospital, Providence, R. I., that Mr. Clark was charged the sum of $10 for an X-ray of the sacroilliac region. Mr. Cellette incurred a doctor's bill in the amount of $20 as evidenced by statement from the physician. In addition to his injuries he was disabled for a period of 4 weeks and his loss of wages for that period amounted to $80. It is the opinion of your committee that the amounts set forth in the bill are reasonable and should be paid. Therefore, favorable consideration to the proposed bill is recommended. Appended hereto is the report of the Federal Works Agency, together with other pertinent evidence. The Honorable DAN R. McGEHEE, FEDERAL WORKS AGENCY, Chairman, Committee on Claims, House of Representatives. DEAR MR. MCGEHEE: Receipt is acknowledged of your letter of October 24, 1941, enclosing copies of H. R. 5908, a bill for the relief of Conrad H. Clark, and requesting a report thereon. The Administration's report is as follows: The bill proposes to appropriate to Conrad H. Clark, of Cranston, R. I., the sum of $500, in full settlement of all his claims against the United States for personal injuries and medical expenses suffered by him as a result of an automobile accident which occurred in Cranston, R. I., on February 27, 1939, when the automobile which he was operating was struck by a Government-owned Ford coach and operated by an employee of the Work Projects Administration. From the evidence adduced by investigation, it appears that, at about 7:40 a. m., on February 27, 1939, Conrad H. Clark, accompanied by Rocco Cellette, was operating his automobile, which is described as a 1938 Chevrolet town sedan, in a southerly direction on Oaklawn Avenue, Cranston, R. I.; that, as the automobile entered the intersection at Oaklawn and Sockonasett Avenues, a Government-owned automobile, also traveling in a southerly direction and operated by a Works Progress Administration employee at an excessive speed, attempted to pass to the left of Mr. Clark's vehicle; and that the operator of the Government owned automobile apparently lost control thereof, with the result that it struck, and damaged, the rear of claimant's vehicle. Messrs. Clark and Cellette suffered minor personal injuries. It also appears that, although visibility was clear, the streets were wet from a rain on the previous day and some sections were icy. The cost of repairing Mr. Clark's automobile was $91. His insurance carrier paid the sum of $41 under its contract, which contained a $50 deductible clause. Mr. Clark paid the deductible amount and then presented his claim in that amount to this administration for reimbursement. The claim was considered under section 20 of the Emergency Relief Appropriation Act of 1938 (52 Stat. 809), and the Administration, being of the opinion that the evidence established that the accident was caused by the negligence of the Works Progress Administration employee, favorably determined the claim in the full amount under date of January 29, 1940. Mr. Clark also presented a claim for personal injuries sustained as a result of the collision. Under date of December 14, 1939, he was advised that, in the absence of specific legislation providing therefor, the Administration had no authority of law to entertain claims for personal injuries to third parties. It appears that Mr. Clark suffered a back injury for which he was treated by a local physician. The physician's charge for such treatment was $21. It also appears from a bill of St. Joseph's Hospital, Providence, R. I., that Mr. Clark was |