CHARLES P. MADSEN JULY 11, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. KENNEDY of Maryland, from the Committee on Claims, submitted the following REPORT [To accompany S. 3741] The Committee on Claims, to whom was referred the bill (S. 3741) for the relief of Charles P. Madsen, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to provide for the pay ment of $3,528.36 to Charles P. Madsen, of Washington, D. C., in full settlement of all claims against the United States for payment of medical and hospital expenses and for compensation for personal injuries and property damage sustained by him as the result of being struck by a United States mail truck while walking on the sidewalk along the west side of the city post office in Washington, D. C., on December 26, 1939. The facts will be found fully set forth in Senate Report No. 1906, Seventy-sixth Congress, third session, which is appended hereto and made a part of this report. Your committee concurs in the recommendation of the Senate. [8. Rept. No. 1906, 76th Cong., 3d sess.] The records of the Post Office Department show that Carrier David Nelson, regularly assigned to letter-box collection, route 929, having completed his tour of duty, was about to check in to the garage at about 10:55 p. m., December 26, 1939, and was in the act of making the turn from the ramp leading from the platform concourse in the City Post Office Building to the ramp leading into the basement of said building, when he struck and knocked down a pedestrian, a Mr. Charles P. Madsen, presumably walking north on the sidewalk on the east side of North Capitol Street, between Massachusetts Avenue and G Street NE. Carrier Nelson states that he came down the ramp from the platform, stopped at the "stop" sign, and then proceeded to make his turn into the ramp leading into the basement. This turn is normally executed on the sidewalk and is neces sarily made in such a manner in order to avoid encroaching on vehicular traffic which might be traveling north on the east side of North Capitol Street. Nelson contends that he never saw the pedestrian on the sidewalk and was unaware that there had been an accident until he heard an outcry when he immediately stopped and alighting from the truck, which at that time had nearly completed the turn and was about to enter the ramp leading down into the basement, he discovered claimant lying on the concrete and just forward to the left rear wheel of the truck. After the accident claimant was removed to Casualty Hospital. It was found that he was suffering from a lacerated left frontal bone, bruised forehead and eye, a bruised left groin, a probable broken left leg, and was extremely nervous from shock. Claimant remained in Casualty Hospital until February 16, 1940, when he was removed to the Takoma Park Sanitarium, where it was thought he would convalesce more rapidly than in a general hospital. Evidence before your committee indicates that as a result of the accident claimant incurred expenses in the amount of $1,028.36. Under the circumstances it is recommended that claimant be paid the amount of his medical, hospital, and doctors' bills, and the additional sum of $2,500 for his injuries, a total of $3,528.36. The letter of the Acting Postmaster General, recommending favorable consideration of the bill, together with other pertinent papers, are appended hereto and made a part of this report, as follows: Hon. EDWARD R. BURKE, OFFICE OF THE POSTMASTER General, Chairman, Committee on Claims, United States Senate. MY DEAR SENATOR BURKE: In compliance with the request contained in your letter of April 11, I transmit for consideration with S. 3741 all papers on file in the Department relating to the claim of Charles P. Madsen, of this city, in the sum of $5,000 arising out of an accident which occurred on December 26, 1939. The investigation of this accident disclosed that the claimant was walking along the sidewalk adjacent to the post-office garage when a mail truck, entering the garage from the street, collided with him. In these circumstances the pedestrian would be entitled to the right-of-way. It is believed that the pending bill should receive favorable consideration. However, the Department would not undertake to recommend any particular amount as constituting a sufficient award, leaving that question for the determination of Congress. Very truly yours, S. W. PURDUM, Acting Postmaster General. AFFIDAVIT OF CHARLES P. MADSEN RE S. 3741 IN SUPPORT OF HIS DAMAGE CLAIM RESULTING FROM UNITED STATES POSTAL TRUCK ACCIDENT DISTRICT OF COLUMBIA, 88: Charles P. Madsen being duly sworn on oath deposes and says: That the following is a summary of his background, training, qualifications, financial loss, and present physical condition; That he is a citizen of the United States and on the 26th of December 1939 the date of the Post Office Department accident he was 61 years of age; That after a general high-school education and 8 years practical experience in electrical work he became a student at the University of Utah and was also employed in the physics laboratory of the university; he continued his studies at Leland Stanford and returned to the University of Utah in 1907 where he did some original research on electrically heated apparatus That in 1908 he formed the Pelouze Electric Heater Co. and for 3 years ran it at Chicago, taking out several original patents and conducting at the same time research at Lewis Institute on electrical resistance wires. In 1911 he published and copyrighted the chart on the "Properties of Nichrome" (wire used for heating apparatus). That having received recognition as an electrical heating expert, he in 1911 established his own research laboratory and numbered amongst his clients many of the leaders in the heating industry. In 1914 he moved to Newark, N. J., devoting his entire time to research and patent matters. In 1916 he opened a laboratory in Newark for research in the field dealing with the electrodeposit of nickel and alloys and doing technical work for Westinghouse Electric & Manufacturing Co. During this time he discovered the ductile nickel process. That in 1918 he was called to the Chemical Warfare Research Division of the United States Bureau of Mines located in the Electrochemical Department of the Bureau of Standards. While there he filed his first ductile nickel patent and the United States Government received a license. In 1919 he established a research and consulting laboratory in New York City and further developed the ductile nickel process, with the result that in 1921 he was engaged by the British-American Nickel Corporation of Ottawa to operate their plant in producing a large amount of ductile nickel sheets for which he received $5,000. The British corporation and the process were later taken over by the International Nickel Co. This process, or modifications of it, is in use by this Government and throughout the world. That in 1921 he was recognized by the American Electro Chemical Society by reason of his work in the field of electrochemistry as an electrochemical engineer. Thereafter he devoted his time and energy to various experiments and developments in the field of electrochemistry, securing and selling a number of valuable patents and also working as a consultant in the field of radio loud speakers. He received for work of this type an average of $500 per month and in 1929 as a result of these accomplishments he was in a strong position financially, until the crash, when he lost everything. That in 1930 he came to Washington and took a research position in the Department of Plants and Radiations of Smithsonian Institution, which was financed by the Research Corporation of New York. This work lasted for a year and he was paid $250 per month with the right to an interest in anything of a patentable nature which might be developed as the result of his work. Thereafter he continued his research work at Washington and developed, amongst other things, the process for making, by electroplating, the new metals, silnick, cuprosil, and ferrosil, possessing many new and potentially valuable qualities and for which application has been made for patents. That in September 1939 for the purpose, amongst other things, of exploiting, developing, and improving his inventions, the Washington Research Corporation was formed; he took a portion of stock in the corporation and became its president, and the rights in the aforesaid processes and certain other assets were assigned to the corporation. The processes have great possibilities but required active and continued attention for their successful marketing and development and all of this was dependent upon his guidance and direction. As a result of the aforesaid accident all work with the corporation had to stop and little or no progress has since been made, due to the present condition of his health, and there is a serious danger that the whole development of the corporation is jeopardized. That prior to the accident his health had been excellent and he had been able to perform very intensive and active work while now he is in a highly nervous and weakened condition which interferes with his ability to concentrate, has caused digestive disturbances, and made it impossible to perform any serious work, and he does not know how long this present condition may persist. That apparently as a result of his injuries, he finds a definite impairment in his eyes, which makes impossible any sustained use of them in his work. Being unable to proceed with his work he is at the present time dependent upon the financial assistance of his associates. That there is attached hereto the statements of the physicians who treated him for the injuries he sustained in the aforesaid accident and also the medical and hospital bills incidental thereto, which amount to $1,038.36. CHARLES P. MADSEN. Subscribed and sworn to before me this 28th day of May 1940. [SEAL] To Whom It May Concern: ROBERT H. HUNTER, Notary Public. WASHINGTON SANITARIUM AND HOSPITAL, Takoma Park, Washington, D. C., May 5, 1940. This is to certify that Charles T. Madsen came under my care the 19th of February 1940, stating that he had an accident Christmastime and was hit above left eye and dragged across the street and glasses broken. Since then both eyes have been inflamed, more marked on the left eye. I found slight injection of bulbar conjunctiva both eyes and treated him until March 12, 1940. Sincerely yours, P. S.: Vision, Snellen's test chart: With glasses, right eye, 20/30-1; left eye, 20/30-1. Mr. W. J. ROWAN, Washington, D. C. R. L. RUNK. R. L. R. WASHINGTON SANITARIUM AND HOSPITAL, Takoma Park, Washington, D. C., April 26, 1940. DEAR MR. ROWAN: This will advise you regarding the condition of Mr. Charles T. Madsen, who was a patient here at the sanitarium. Mr. Madsen was admitted here February 17, 1940. He gave a history that on December 26 he had been knocked down by an automobile truck and had an injury to his left kneecap and ankle. His left kneecap was dislocated, and the leg had to be put up in a cast for 5 or 6 weeks. Of course, this was all done at another hospital. When Mr. Madsen came here, he was highly nervous and unstrung. Physically he is rather slight and not of a sturdy build anyhow, and he was nervous and upset so that he could not sleep or digest his food well. Therefore rather prolonged treatment in the sanitarium was necessary. He left here March 22. I believe that his condition was due to the pain, shock, and suffering that he had incident to the automobile accident. He was considerably improved on leaving, but due to the nature of his illness, it will be a considerable length of time before he is himself again. Trusting that this will help to clarify the atmosphere with respect to Mr. Madsen, I am Very truly yours, To Whom It May Concern: CHAS. H. WOLOHON, M. D. JOSEPH ROGERS YOUNG, M. D., This is to certify that Charles Madsen, male, white, age 62 years, a chemical engineer, residing at 808 North Capitol Street, was first examined by me on December 27, 1939. A history was given that the patient was injured when he was struck and knocked down by a United States mail truck; that he was dazed as a result of the injuries; that he suffered a deep lacerated wound over the left eye which bled profusely; that he had received injuries to his left leg and left chest. He was taken immediately to the Eastern Dispensary and Casualty Hospital where he was treated for shock; the lacerated wound of the left supra-orbital region was thoroughly cleansed, the bleeding controlled, debridement done, and six sutures were placed in the wound; the left leg was splinted and the patient admitted to the hospital. X-ray examination on December 28, 1939, showed a fracture of the lower third of the left fibula which was transverse and complete. There was also a fracture of the external articular surface of the left tibia which extended into the knee joint. X-ray examination of the ribs did not show any fracture. The fractures of the left leg were reduced and a plaster cast applied from the toes to mid-thigh. This cast was left on for 5 weeks and then physical therapy was started. This patient had multiple contusions and abrasions about the body and had an ecchymosis of both eyes and he developed a bilateral conjunctivitis for which he was treated by Dr. Ronald Cox. On During the period of his hospitalization this patient suffered a great deal of pain in his left chest, in the left leg, and complained of persistent headaches and discomfort in his eyes. He remained in a highly nervous condition and frequently complained of symptoms referable to the gastro-intestinal tract. February 16, 1940, this patient was transferred to the Takoma Park Sanitarium where it was thought that he would convalesce more rapidly than in a general hospital. Diagnosis in this case: 1. Cranio-cerebral trauma of moderate severity. 2. Lacerated wound of the left supraorbital region requiring six sutures to approximate its edges. 3. Ecchymosis of both eyes and bilateral conjunctivitis. 4. Fracture of the lower third of the left fibula, transverse and complete, and a fracture of the external articular surface of the tibia extending into the knee joint. 5. Severe contusions of the left chest. 6. Severe shock to the central nervous system. After his discharge from the Eastern Dispensary and Casualty Hospital this patient remained in the Takoma Park Sanitarium for several weeks and since that time has been under my care. At this time this patient still complains of headaches; extreme nervousness; weakness; insomnia; digestive disturbances; and pain, soreness, and weakness in the left lower extremity, together with some limitation of motion in the left knee and ankle joint. It is my opinion that this patient received severe injuries in the accident of December 27, 1939, and that he is still suffering from residual symptoms of these injuries and that these symptoms will persist for an indefinite period, and that in all probability some of them will be of a permanent nature. Summary of actual expense and damage Eastern Dispensary and Casualty Hospital. Dr. Joseph Rogers Young.. Dr. Ronald A. Cox-- Optical Technicians, Inc. (glasses) Total..... Other factors to be considered: Pain and suffering.. Loss of possible earnings while in hospital_. Total amount requested.- J. ROGERS YOUNG. O |