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Personal equipment of Robert E. Bridge lost 11 a. m. August 22, 1947, at time of capsizing of Government launch

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3 rolls 20 exposure 35-millimeter Kodachrome film, at $3.05 per roll.. 1 roll 36 exposure 35-millimeter Kodachrome film.

9. 15

5. 50

2 rolls 20 exposure 35-millimeter Ansco color film.

3. 80

1 Parker fountain pen.

8. 75

1 Billfold and contents.

1 rainhat..

1 raincoat_

1 rainpants..

1 2-piece storm suit.

3 shirts, at $2.15 each.

4 pants, at $2.50 each..

4 pairs light sox, at 30 cents each.

5 pairs heavy sox, at 69 cents each..

1 pair work shoes..

6. 00

1.00

3. 98

4. 98

6. 00

6. 45

10. 00

1. 20

3. 45

5.65

1 pair hip boots_

8.00

1 pair wool underwear.

6. 00

4 pairs light underwear, at $1.20 each.

4. 80

6 handkerchiefs, at 20 cents each....

1. 20

Total...

1 heavy coat.......

2 towels, at 50 cents each..

1 fishing pole and reel..

1 fishing tackle kit.

2 pairs gloves at 40 cents per pair.

1 sweater__

1 razor.

1 toothbrush.

1 shaving brush..

I certify that the above list constitutes the personal equipment lost while in the conduct of official business on August 22, 1947.

10. 50

1. 00

21.00

7.50

.80 2.98 1. 00

.50

1. 00

308. 08

STATE OF WASHINGTON,

County of King:

ROBERT E. Bridge

Subscribed and sworn to before me this 6th day of February 1948. [SEAL]

WALTER M. BOSWORTH,

Notary Public in and for the State of Washington, residing at Seattle.

My commission expires November 18, 1950.

SEATTLE, WASH., February 2, 1948.

Mr. GEORGE B. KELEZ,

Chief, Alaska Fisheries Investigations, Seattle, Wash.

DEAR MR. KELEZ: In reply to your request for more information concerning my loss of personal property which occurred on August 22, 1947, while I was on official duty for the Fish and Wildlife Service.

The accident causing the loss occurred while Leslie E. Ensign and I were conducting a survey of the red salmon spawning areas of the Coville-Grosvenor Lakes district of the Naknek River system.

Prior to leaving our base camp a complete camping outfit for a trip of a possible 30 days duration was assembled. Because of frequent heavy rains and windstorms at that time of year adequate foul-weather gear was a necessity. Fishing gear was carried to provide food as well as for recreation.

The boat, being new, was in excellent condition and was equipped with life preservers and first-aid equipment. We were well familiar with the area to be covered as we had conducted the same survey the previous year.

The oars and oarlocks were in good condition both before and after the accident. Oarlocks are manufactured so as to be removable from the boat and are not permanent fixtures, but may be removed by a vertical pull. The accident was caused by the oarlock's being lifted out of its socket, by the swirling current which caught the oar blade, lifting it vertically, pulling the oarlock out of its socket. This caused me to lose control of the boat and the current carried us into a tree before I could regain control of the boat. Details of the accident were given in my first letter of which a copy is enclosed. At the time of the accident the river was not of abnormal size for that time of the year.

The value of the lost articles was determined as follows: Anything purchased new immediately before or during the 1947 season was listed at purchase price. All other equipment was listed at replace value. None of my personal equipment was insured. An itemized list of equipment lost and its value is enclosed. I hope the above information will elucidate details of the accident.

Very truly yours,

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THOMAS M. BATES

MAY 5, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. BYRNE of New York, from the Committee on the Judiciary, submitted the following

REPORT

To accompany H. R. 1676)

The Committee on the Judiciary, to whom was referred the bill (H. R. 1676) for the relief of Thomas M. Bates, having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:

Page 1, line 5, strike out "$15,000" and insert in lieu thereof "$5,000".

The purpose of the proposed legislation is to pay the sum of $5,000 to Thomas M. Bates, of Miami, Fla., in full settlement of claims against the United States for personal injuries, medical and hospital expenses, and other losses sustained as a result of being injured in a collision between a freight train of the Seaboard Air Line Railway Co. and a trailer attached to a United States Navy vehicle, at the intersection of Northwest One Hundred and Sixty-seventh Street, on the tracks of the said Seaboard Air Line Railway Co., in Dade County, Fla., on January 19, 1944.

STATEMENT OF FACTS

On January 19, 1944, it appears that Mr. Bates was a fireman for the Seaboard Air Line Railway Co., operating Extra 822 South coming in to Miami, Fla.; and while the train was running south, approaching Golden Glades Road, a highway running east and west in Dade County, said highway being used by the United States Navy for the purpose of transferring high-test gasoline to Opa Locka, Fla., a United States naval tractor and two trailers were observed approaching the crossing. The whistle on the train was blown and it appeared that the naval vehicle was going to stop, but instead of stopping said tractor and trailers moved forward to the crossing. As a result

the train hit the rear trailer and carried said trailer on the engine some distance until the engine was able to be stopped. The tractor, trailers, and the gasoline carried therein were thrown back into the engine of the train and caught fire; and Mr. Bates was required to jump from the engine while it was still moving in order to save his life, and as a result of this jump sustained a multiple compound fracture of the left ankle, involving the ankle joint; that as a result of said injury, claimant was hospitalized for 37 days and was unable to work for 181 days. After he returned to work, he was unable to continue in the job that he had at the time of the collision, and that it was almost a year from the time of the collision until he was able to resume his duties as fireman.

The Seaboard Air Line Railway Co. paid all medical expenses in connection with clamant's hospitalization and the setting of his leg and ankle. However, he is partially disabled; his ankle is enlarged and stiff, and the injury has caused an eversion of the foot. In an affidavit signed by Mr. Bates, on April 20, 1949, states that pain in connection with this injury is still present after slightly over 5 years have passed.

There was enacted into law H. R. 1631 of the Seventy-ninth Congress, which became Private Law 820, for the relief of William Tolar Smith, the engineer of the same train on which Mr. Bates was fireman, and the Navy Department recommends the sum of $5,000 appropriated for the relief of Mr. Bates. Therefore, your committee concurs in the recommendation made by the Navy Department and recommends favorable consideration to the bill, as amended.

Hon. EARL C. Michener,

NAVY DEPARTMENT,

OFFICE OF THE JUDGE ADVOCATE GENERAL,
Washington D. C., August 30, 1948.

Chairman of the Committee on the Judiciary, House of Representatives. DEAR MR. MICHENER: The bill (H. R. 3226) for the relief of Thomas M. Bates, was referred by your committee to the Department of the Navy with a request for a report thereon.

The purpose of the bill is to authorize and direct the Secretary of the Treasury to pay the sum of $15,000 to Thomas M. Bates of Miami, Fla., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, and other losses sustained as a result of his injury in a collision between a freight train of the Seaboard Air Line Railroad Co. and a trailer attached to a United States Navy vehicle, at the intersection of Northwest One Hundred and Sixty-seventh Street, on the tracks of the Seaboard Air Line Railroad Co. in Dade County, Fla., on January 19, 1944.

The investigation conducted by the Department of the Navy into the circumstances surrounding the accident upon which the subject bill is based reveals that, at about 1:30 p. m. on January 19, 1944, a United States Navy tractor pulling two gasoline trailers containing approximately 6,000 gallons of aviation gasoline, driven by a Navy civilian employee acting within the scope of his employment, was proceeding westerly on Golden Glades Road, toward the intersection of One Hundred Sixty-seventh Street and Seventh Avenue, Miami, Fla. The tracks of the Seaboard Air Line Railroad, running in a northeasterly to southwesterly direction, cross Golden Glades Road in this vicinity.

At the northwest corner of the intersection of Golden Glades Road with the tracks of the Seaboard Air Line Railroad, there was a standard railway crossing sign bearing the words "Railroad crossing. Look out for the cars." There were no other warning or safety devices at the crossing. As the crossing was approached from the east, a motor-vehicle driver's view to the right was almost completely obstructed by trees and vegetation until he came within 60 feet of the railroad tracks. A mound of dirt covered with low vegetation obstructed a

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