ceeding northwest on Bienville Boulevard to clear, his car was struck on its left side near the rear end by the Army vehicle, which had continued into the intersection without apparent reduction of speed. The civilian vehicle was extensively damaged and Mr. Juneau sustained personal injuries.

Mr. Juneau was taken for first-aid treatment to the Charity Hospital, New Orleans, and later in the same day was transferred to another hospital, the Hotel Dieu, New Orleans, where he remained from February 18 until March 3, 1943. It appears that he was readmitted to the Hotel Dieu on March 5, 1943, and remained there until March 19, 1943. On February 18, 1943, Dr. Martrile Lurner made the following statement concerning Mr. Juneau's injuries:

"This is to certify that I, the undersigned, examined Paul Juneau in the accident room of Charity Hospital. Upon examination, a laceration of the scalp and multiple contusions were found. X-rays indicate old fracture with colen formation of seventh and ninth ribs and fracture of eighth rib (unable to determine whether old or new). X-ray plates of thoracic and lumbar vertebrae were read as negative. X-rays of skull were apparently negative. Patient states he does not remember the accident and complains of severe pain in head. There is possibility of head injury (cerebral concussion most likely). This patient is to be transferred to private doctor, therefore, no treatment given in this hospital. Repeated blood pressure, pulse, and respiration readings showed no abnormality. Neurological examination negative at present.'

On June 24, 1943, Dr. James T. Nix, 1407 South Carrollton Avenue, New Orleans, made the following statement:

"Mr. Paul Juneau was admitted to Hotel Dieu by stretcher February 18, 1943, with a history of having been in an accident between a car and a truck.

"At Hotel Dieu the informant said the patient had been unconscious about 25 minutes. When seen by me, Mr. Juneau was conscious and recognized me. He complained of headache, nausea, and pains in his chest. His blood pressure was 126/80; pulse, 90. There was a laceration on the posterior aspect of the top of his head about 3 inches in length through all layers of the scalp.

"There was a mild brush burn on the left side of his forehead near the hair line. The pupils reacted to light and distance. There was tenderness on palpation, the left side of chest being most marked at the posterior axillary line in the region of the seventh and eighth ribs. There was tenderness in the right deltoid region. There was no paralysis of facial muscles. Protrusion of tongue was normal. There was no loss of motion in any of the extremities. Abdomen was negative. Knee jerk was present and equal in both legs. Babinski sign was negative.

"The X-ray report from Charity Hospital showed fracture of the seventh, eighth, ninth, and tenth ribs posterior axillary line. There appeared to be callus formation present. Anterior and posterior lateral views of the dorsal and lumber vertebrae showed no evidence of fracture. X-ray view of the skull showed no evidence of fracture.

"Diagnosis of laceration of the scalp, concussion, brush burn of the forehead, contusion of the chest with aggravation to old healed fracture of the ribs, and contusion of the right deltoid regions was made.

"Mr. Juneau remained in the hospital from February 18, to March 3, 1943, and from March 5, until March 19, 1913. He continued to complain of pain in the back, headache, and loss of smell. He was discharged for work May 10, 1943."

On or about August 20, 1946, Mr. Juneau was examined by three Army medical officers and a report of such examination reads as follows:

"Patient states that ever since the accident on February 18, 1943, he has had periodic head pains lasting 1 to 2 days. These are preceded by aura-like syndrome. Patient further states that he has lost all sense of taste except for sweet, sour, and salt. He also states that he has completely lost the sense of smell. There is also a constant ache in the upper thoracic region which is aggravated by heavy exercise and work.

"Physical examination of the patient was essentially negative except for the following:

"(a) Subjective tenderness just lateral to second and third dorsal vertebra, left side.

"(b) There is also half-inch atrophy of left arm and forearm.

"(c) Patient has diminution of senses of smell and taste.

"X-ray studies of this patient fail to reveal any positive findings."

Paul C. Juneau was 44 years of age at the time he was injured, and his wife, Mrs. Madylen M. Juneau, and their 13-year-old son were wholly dependent

upon him for their support. He was employed as a machinist, earning $1.20 an hour, and in a sworn statement dated March 28, 1944, he said that by reason of his injury he sustained a loss of earnings in the approximate amount of $984.

A claim was filed with the War Department by Mr. Juneau on August 19, 1943, in the aggregate amount of $5,118.50 on account of the damages sustained by him in this accident. The claim was considered under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended. and on November 26, 1945, it was approved for administrative settlement in the amount of $526.69 ($275 for damage to automobile and $251.69 for medical and hospital expenses actually incurred) Payment in that amount was made to Mr. Juneau on January 5, 1946 Under the provisions of the above-cited act no payment may be made for personal injury as such, permanent disability resulting therefrom. pain and suffering, or loss of earnings.

The evidence of record fairly establishes that this accident and the resulting damages sustained by Mr. Juneau were not caused by any fault or negligence on his part but were caused solely by the negligence of the driver of the Army vehicle involved in said accident in that he was proceeding at a speed considerably in excess of the legal limit at the time and place in question and that when he saw or should have seen that the civilian vehicle, after stopping in obedience to the stop sign, was proceeding through the intersection, he failed to reduce his speed and yield the right-of-way to such vehicle. The Department of the Army, therefore, believes that Mr. Juneau should be compensated in a reasonable amount for the injuries received by him in this accident, the disability resulting therefrom, the pain and suffering undergone, and the loss of earnings sustained. The proposed award of $5,000 stated in H. R. 5896 appears to be somewhat excessive, but the Department would have no objection to the enactment of the bill if it should be amended to provide for an award to Mr. Juneau in the amount of $3,000, which, it is believed, would constitute a fair and reasonable settlement for all of the damages sustained by him for which he has not heretofore been compensated.

It is recommended that the bill be further amended by inserting after the word "Louisiana," on line 6, page 1, thereof, the words "in full settlement of all claims against the United States,".

The claimant has no remedy under the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. 921) for the reason that the accident out of which his claim arises occurred prior to January 1, 1945.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

KENNETH C. ROYALL,
Secretary of the Army.

Mr. MAURICE GATLIN,

New Orleans, La.

JUNE 24, 1943.

DEAR MR. GATLIN: Mr. Paul Juneau was admitted to Hotel Dieu by stretcher February 18, 1943, with a history of having been in an accident between a car and a truck.

At Hotel Dieu the informant said the patient had been unconscious about 25 minutes. When seen by me, Mr. Juneau was conscious and recognized me. He complained of headache, nausea, and pains in his chest. His blood pressure was 126/80, pulse, 90. There was a laceration on the posterior aspect of the top of his head about 3 inches in length through all layers of the scalp.

There was a mild brush burn on the left side of his forehead near the hair line. The pupils reacted to light and distance. There was tenderness on palpation, the left side of chest being most marked at the posterior axillary line in the region of the seventh and eighth ribs. There was tenderness in the right deltoid region. There was no paralysis of facial muscles. Protrusion of tongue was normal. There was no loss of motion in any of the extremities. Abdomen was negative. knee jerk was present and equal in both legs. Babinski sign was negative.

The X-ray report from Charity Hospital showed fracture of the seventh, eighth, ninth, and tenth ribs posterior axillary line. There appeared to be callus formation present. Anterior and posterior lateral views of the dorsal and lumbar vertebrae showed no evidence of fracture. X-ray views of the skull showed no evidence of fracture.

Diagnosis of laceration of the scalp, concussion, brush burn of the forehead, contusion of the chest with aggravation to old healed fracture of the ribs. and contusion of the right deltoid regions was made.

Mr. Juneau remained in the hospital from February 18, to March 3, 1943, and from March 5, until March 19, 1943. He continued to complain of pain in the back headache, and loss of smell. He was discharged for work May 10, 1943.

Yours very truly,

JAMES T. Nix. M. D.

NEW ORLEANS 12, LA., May 19, 1948.

This is to certify that Mr. Paul Juneau first came to see us on October 14, 1947, at which time he was complaining of fullness in the upper abdomen and a tired feeling. This feeling of fullness had been present for 4 months, located in the upper abdomen and extending around both directions to the back where he developed a tight" pain. He stated that this syndrome usually occurred after a day's work. For 1 year he has been feeling very tired and sleepy during the day. Dizziness and a feeling of nausea a frequent complaint for 2 years. Patient did not think he was nervous, but his wife stated that he jumped in his sleep and when sitting in a movie his knees go up and down constantly. Though complaining of feeling tired, the patient stated that he feels best when physically active.

Four years ago patient states he suffered a concussion with a 36-hour period of unconsciousness as a result of an automobile accident. Since the accident headaches have been of irregular occurrence, sometimes as often as every 2 or 3 days. and again he may go several months without a headache.

Blood pressure 118/70, pulse rate 76, weight 189 pounds. Physical examination was within normal confines with the exception of a palpable liver edge on deep inspiration, and a slight tenderness over the posterior lumbar regions No definite diagnosis was made and treatment was symptomatic

Mr. Juneau was next seen on October 25, 1947, apprently suffering with an acute left sacroiliac condition. When next seen on November 11, 1947, and because of a complaint of pain across the low dorsal spine, he was referred to Dr. George Battalora for proper evaluation regarding spine pathology. Mr. Juncau was last seen on December 8, 1947, at which time he was wearing a dorsal lumbar support. This time he was complaining of marked dizziness, dyspepsia, sour eructation, and a tingling sensation in the hands. Again no definite diagnosis was made and treatment was symptomatic.

Mr. PAUL JUNEAU.

New Orleans, La.

Drs. MONTE AND GARCIA.

NEW ORLEANS, LA.. May 25, 1948.

DEAR SIR: I am submitting the following résumé of m ̈ handling of your case. I first saw you on November 12, 1947, when you consulted me at the request of Dr. Louis Monte. You were complaining of back pain. You stated that the condition had been in existence for several years following an automobile accident in February 1943. The pain was referred from the cervical to the mid lumbar region mostly to the left. He stated that bending forward for awhile caused the pain to be aggravated

Examination revealed a generally relaxed posture. Flexion of the spine was limited with complaint of pain at the lumbo-sacral junction. Extension was normal but caused complaint of pain at the lumbo-sacral junction. The right thorax anteriorly was somewhat more prominent than the left. Both knees presented crepitation on motion. Tenderness was present over the left tendoachilles and over the eleventh dorsal spine

X-ray examination revealed evidence of hypertrophic changes in the dorsal spine with anterior bridging between the tenth and eleventh dorsal vertebral bodies.

It was my opinion that you were suffering from a hypertrophic arthritis and I advised the wearing of a dorso-lumbar support. I am unable to state that your condition has resulted from an accident, but it is certainly possible that an injury to the spine could have aggravated a preexisting hypertrophic arthritis. It is also possible that followng this period of time that the arthritis could have resulted

directly from the injury. I would advise continuance of the support as previously ordered.

Hoping this information will be of service to you, I wish to remain.
Sincerely yours,

G. C. BATTALora, M. D.

To Whom It May Concern:

NEW ORLEANS 19, LA., May 27, 1948.

Mr. Paul Juneau was treated by the late Dr. James T. Nix and myself, at Hotel Dieu from February 18, 1943, to March 19, 1943, for laceration of the scalp, concussion and contusion of the chest. He was brought to Hotel Dieu from Charity Hospital, where he received emergency treatment, February 18, 1943. X-rays made at Charity Hospital were reported as follow: Chest: Fractures of the seventh, eighth, ninth, and tenth ribs, posterior axillary line, left side. No evidence of fractured vertebrae. No evidence of fractured skull. Mr. Juneau has continued to complain of severe headaches since that time. MAX M. GREENBERG, M. D.

NEW AMSTERDAM CASUALTY CO.

JUNE 9, 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. 5018]

The Committee on the Judiciary, to whom was referred the bill (H. R. 5018) for the relief of New Amsterdam Casualty Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

An identical bill was favorably reported by the committee and passed the House in the Eightieth Congress, but no action taken by the Senate.

The facts will be found fully set forth in House Report No. 1634 Eightieth Congress, second session, which is appended hereto and made a part of this report.

.H. Rept. No. 1634, 80th Cong., 2d sess.

The purpose of the proposed legislation is to pay the sum of $1,378.65 to New Amsterdam Casualty Co., in full settlement of all claims against the United States for reimbursement growing out of a suit for damages against F. E. Cameron, a contractor, whom the company had insured against liability. Said Cameron had a contract to move stone on the Newfound Gap Highway in the Great Smoky Mountains National Park, and on July 6, 1936, Homer Ownby, one of his employees, was injured by being struck by a stone which was hurled by a blast in stone quarry which was operated by the Federal Government.

STATEMENT

It appears that during the year 1936 F E. Cameron, a contractor had a contract for hauling stone on the Newfound Gap Highway in the Great Smoky Mountains National Park, and, that, on July 6, 1936, Homer Ownby, one of his drivers, was injured by being struck by a stone hurled by a blast in the stone quarry which was operated by the Federal Government.

The contractor, Mr. Cameron, had nothing to do with the operation of the stone quarry, but was held liable to his employee under the workmen's compensation law of Tennessee. The New Amsterdam Casualty Co paid Homer Ownby as a result of the injury received in the accident.