NATHAN AND AMELIA RICE

JULY 1, 1940.-Committed to the Committee of the Whole House and ordered to be printed

Mr. LEONARD D. HALL, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 3787]

The Committee on Claims, to whom was referred the bill (H. R. 3787) for the relief of Nathan and Amelia Rice, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Line 6, strike out the language "$1,000 for" and insert in lieu thereof "$359.85, in full settlement of all claims against the United States on account of".

At the end of the bill add:

: 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 pay to Nathan and Amelia Rice, of Newark, N. J., the sum of $359.85 for personal and bodily injuries sustained by them on September 5, 1936, at Livingston Manor, N. Y., where an automobile in which they were riding was struck by a Civilian Conservation Corps truck being operated by a member of the Civilian Conservation Corps.

STATEMENT OF FACTS

At about 11:50 on the night of September 5, 1936, a United States Department of Agriculture truck, No. 45880, was proceeding upgrade, in second gear, on official business in connection with the War Department Civilian Conservation Corps activities, in a northerly direction on the Livingston Manor-Beaverkill Road, at a speed of approximately

20 miles per hour. At the same time Mr. Nathan Rice, driving his Chevrolet coupe, with his wife, Mrs. Amelia Rice, as a passenger, was proceeding in the opposite direction on the same highway at a low rate of speed. The paved section of this road is just wide enough for two cars to pass when both are traveling with their right wheels on the edge of the pavement on their respective sides. Each of the drivers states that he drove to his extreme right side of the road upon seeing the driver of the other vehicle, but in passing, the Government truck struck the private car, causing the private car to be damaged to a considerable extent and causing the occupants personal injuries.

A claim in the amount of $109.85 was submitted by Mr. and Mrs. Rice to the War Department, but this claim was disallowed since it was the view of the Department that this accident was due to the negligence of Mr. Rice in that he was not driving on his proper side of the road. The Department therefore recommends against the enactment of the proposed legislation.

Each driver states that the other driver was over the center line of the highway, and there is little on either side to prove these contentions, other than the statements of the drivers. However, Mrs. Rice points out that a State trooper who came to the scene of the accident after it occurred corroborated the claimants' statements that the Government truck was at fault.

As a result of this accident Mr. and Mrs. Rice incurred bills of $101.85 for repairs to their automobile and $8 for doctor's fees, totaling $109.95. Both Mr. and Mrs. Rice sustained contusions and traumatic shock as a result of this accident, and were incapacitated for several weeks following the accident.

After having gone thoroughly into the facts surrounding the case, your committee is of the opinion that both drivers should have exercised a greater degree of caution and that both were guilty of negligence which combined negligence caused the accident. It is believed, therefore, that since part of the responsibility for this accident rests on the Government, an award of $359.85 should be allowed in full settlement of all Mr. and Mrs. Rice's claims against the United States, computed on the basis of $109.85 for actual expenses incurred and $250 for personal injuries sustained by both.

Appended hereto is the report of the War Department, together with other pertinent evidence.

Hon. AMBROSE J. KENNEDY,

WAR DEPARTMENT, Washington, March 16, 1938

Chairman, Committee on Claims, House of Representatives.

DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 9350 (75th Cong., 3d sess.), for the relief of Nathan and Amelia Rice, which you transmitted to the War Department under date of February 25, 1938, with request for information and the views of the Department relative thereto.

The purpose of the proposed legislation is to pay to Nathan and Amelia Rice, of Newark, N. J., the sum of $1,000 for personal and bodily injuries sustained by them on September 5, 1936, at Livingston Manor, N. Y., where an automobile in which they were riding was struck by a Civilian Conservation Corps truck being operated by a member of the Civilian Conservation Corps.

The records of the War Department show that at about 11:50 p. m., on September 5, 1936, United States Department of Agriculture truck No. 45880 was proceeding upgrade, in second gear, on official business in connection with War Department Civilian Conservation Corps activities in a northerly direction on

the Livingston Manor-Beaverkill Road, at a speed of approximately 20 miles per hour; that Mr. Nathan Rice, 31 Salem Street, Newark, N. J., driving a Chevrolet coupe, with Mrs. Amelia Rice, his wife, as a passenger, was proceeding in a southerly direction at an undetermined rate of speed, near to or over the center line of the above-mentioned highway; that the paved section of the road is just wide enough for two cars to pass when both are driven with their right wheels on the edge of the pavement on their respective right sides; that when the Government driver observed claimant's car proceeding near to or over the center of the road, he drove his vehicle so far onto the shoulder of his right side of the highway as to strike a mail box which was situated about 18 inches from the edge of the paved portion of the highway and opposite the Lake View Hotel; and that at this point and with the Government car so situated, the claimant's vehicle struck the Government truck on the left rear dual wheels, thereby causing the damages and personal injuries complained of.

As a result of this accident Mrs. Rice suffered multiple contusions and traumatic shock.

A claim was presented to the War Department in the amount of $101.85 for property damages, and an indefinite amount for personal injuries. To substantiate their claim bills were submitted as follows:

Repairs to automobile___

Doctor's fees for the treatment of Mrs. Rice__

Total_____

$101.85 8. 00 109. 85

Upon review in the War Department of the proceedings of the board of officers which investigated this accident, it was determined that the personal injuries and damages complained of were not due wholly or in part to fault or negligence of the driver of the Government vehicle acting within the scope of his employment and that the damage was not covered by insurance. Accordingly, the claim for property damage was disapproved by the War Department under the act of December 28, 1922 (42 Stat. 1066).

With respect to that part of the claim covering personal injuries, and expenses incident thereto, regardless of the person or persons responsible for the accident, favorable action could not be taken by the War Department for the reason that prior to July 1, 1937, there was no authority of law or appropriation available to the Department for the settlement of such claims resulting from Civilian Conservation Corps activities, and for this reason, such claim was likewise disapproved by the War Department.

In view of the facts of the case as set forth above, it is the view of the War Department that this accident was due to the negligence of Mr. Nathan Rice in that he was not driving on his proper side of the road, that this negligence was the proximate cause of the accident, and, for that reason, no liability rests upon the United States for the property damage or personal injury occasioned these claimants.

While this accident is deeply regretted, the War Department is constrained to recommend against the enactment of the proposed legislation.

Sincerely yours,

To Whom It May Concern:

LOUIS JOHNSON, Acting Secretary of War.

NEWARK, N. J., November 9, 1936.

In company with my husband, Nathan Rice, we were on the road in Livingston Manor, N. Y., at midnight on September 5, 1936. We were proceeding at a very slow rate of speed, when we were struck by a Civilian Conservation Corps truck with about nine men in it.

We were on the right side of the road, which fact will be verified by the State troopers who investigated the accident.

I sustained severe cuts and bruises. The car still has some dents in it which we did not have removed, and which are not included in the bill. It is impossible to ascertain what the outcome of the accident will mean to me in the future, through the terrible shock to my nervous system. At present I visit the doctor once a month. I am not the same person, regarding my health.

Very truly yours,

AMELIA RICE. (Mrs. Nathan Rice).

NEWARK, N. J., November 9, 1936.

To Whom It May Concern:

The accident which occurred on September 5, 1936, on the road at midnight in Livingston Manor, N. Y., was as follows:

My wife and I were driving toward the village from a hotel, about 3 miles above, at a very slow pace, honking the horn, when the Civilian Conservation Corps truck, with about nine uniformed men in it, coming toward us with great speed, struck my car on my side, which the enclosed bill will verify, wrecked it almost completely, and miraculously did not prove fatal. After the collision they turned off the road going toward their destination, which they said was Margaretville, N. Y. My wife sustained bruises and cuts. The wreckers finally came and towed the car to the repair shop, which the enclosed bill will signify. We managed to get home with it on September 7, 1936. The car did not perform right, so I was compelled to have the Chevrolet people attend to it properly, and we received the enclosed bill.

I was on the right side of the road. we must have been going very slowly, I swear this to be the truth.

After the troopers investigated, they said otherwise we might have been killed.

NATHAN RICE.

To Whom This May Concern:

NEWARK, N. J., July 23, 1937.

Mr. Nathan Rice has been under my care for several months and as yet his case is not completed. I consider his illness to be directly traceable to a traumatic

This is to certify that on September 5, 1936, at about midnight as I was taking some people from my place of business to the village of Livingston Manor, N. Y., I witnessed an accident between a Civilian Conservation Corps truck and a car occupied by Mr. and Mrs. Nathan Rice.

It was just a miracle that the accident was not fatal. However, both Mr. and Mrs. Rice were badly shaken up and Mrs. Rice required medical attention. Their car was pretty badly demolished.

[SEAL]

Commission expires March 30, 1938.

ALEX. WITTENBERG.

FLORENCE R. ROSE, Notary Public.

EDGEWOOD INN.,

To Whom It May Concern:

Livingston Manor, N. Y., July 22, 1937.

This is to certify that on September 5, 1936, Mr. and Mrs. Rice were guests of my hotel. Not having sleeping accommodations in my own hotel I requested them to go to the village of Livingston Manor for overnight. At about 1:30 a. m. that morning, a half-mile from my hotel leading to Livinston Manor, in front of Lakeview Lodge, a Civilian Conservation Corps truck ran into them, causing considerable damage to their car and upsetting Mrs. Rice's nerves so that a doctor had to be summoned to take care of her. The car had to be towed in to a garage for repair.

ALEX WITTENBERG.

Subscribed and sworn to before me this 23d day of July 1937. [SEAL]

WM. W. HARdenbergh, Notary Public.