A-58809, DECEMBER 1, 1934, 14 COMP. GEN. 429

A-58809: Dec 1, 1934

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1928 - MEDICAL TREATMENT - PERSONAL INJURY WHERE IT DOES NOT APPEAR THE INJURIES TO DECEASED WERE CAUSED BY THE NEGLIGENCE OF AN EMPLOYEE OF THE GOVERNMENT OR THAT THE EMPLOYEE WAS RESPONSIBLE FOR THE INJURIES. THERE IS NO LEGAL OR EQUITABLE LIABILITY ON THE PART OF THE GOVERNMENT TO PAY FOR TREATMENT RENDERED ON ACCOUNT OF THE INJURIES. WAS PROCEEDING FROM BOSTON. UNDER WHICH IT IS REQUESTED CONSIDERATION BE GIVEN THE CLAIMS SUBMITTED.

A-58809, DECEMBER 1, 1934, 14 COMP. GEN. 429

CLAIMS - ACT OF APRIL 10, 1928 - MEDICAL TREATMENT - PERSONAL INJURY WHERE IT DOES NOT APPEAR THE INJURIES TO DECEASED WERE CAUSED BY THE NEGLIGENCE OF AN EMPLOYEE OF THE GOVERNMENT OR THAT THE EMPLOYEE WAS RESPONSIBLE FOR THE INJURIES, THERE IS NO LEGAL OR EQUITABLE LIABILITY ON THE PART OF THE GOVERNMENT TO PAY FOR TREATMENT RENDERED ON ACCOUNT OF THE INJURIES, CONSEQUENTLY NO BASIS FOR REPORT TO THE CONGRESS UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, DECEMBER 1, 1934:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 9, 1934, REFERRING TO THIS OFFICE BILLS RENDERED BY DR. W. W. SMITH, OGUNQUIT, MAINE, AND THE WEBBER HOSPITAL, BIDDEFORD, MAINE, FOR TREATMENT OF HAROLD VINCENT GOWEN PRIOR TO HIS DEATH, WHICH RESULTED FROM HIS COLLIDING WITH GOVERNMENT- OWNED AUTOMOBILE NO. 5623, OPERATED BY CHARLES A. CARLSTROM, INVESTIGATOR, ALCOHOL TAX UNIT, THE ACCIDENT OCCURRING ON UNITED STATES HIGHWAY NO. 1, IN FRONT OF THE MOODY SCHOOL, MOODY, MAINE.

FROM THE RECORD IT APPEARS THAT ON THE MORNING OF SEPTEMBER 18, 1934, INVESTIGATOR CARLSTROM, DRIVING GOVERNMENT-OWNED AUTOMOBILE NO. 5623, WAS PROCEEDING FROM BOSTON, MASS., TO PORTLAND, MAINE, AND WHEN PASSING THE MOODY SCHOOL, MOODY, MAINE, HAROLD VINCENT GOWEN, A BOY 7 YEARS OF AGE, RAN FROM THE SCHOOL YARD ONTO THE HIGHWAY AND COLLIDED WITH THE CAR DRIVEN BY INVESTIGATOR CARLSTROM. FROM THE REPORTS IT APPEARS HAROLD VINCENT GOWEN RAN ONTO THE HIGHWAY WITHOUT LOOKING EITHER WAY, WITH HIS HEAD DOWN AND NOT HEEDING A WARNING CALLED TO HIM BY A SCHOOLMATE. FURTHER, THE REPORT APPEARS TO EXONERATE INVESTIGATOR CARLSTROM FROM RESPONSIBILITY IN THE MATTER.

THE ACT OF APRIL 10, 1928, 45 STAT. 413, UNDER WHICH IT IS REQUESTED CONSIDERATION BE GIVEN THE CLAIMS SUBMITTED, RELATES TO CLAIMS THAT MAY NOT LAWFULLY BE ADJUSTED BY THE USE OF AN APPROPRIATION PREVIOUSLY MADE AND WHICH POSSESS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO JUSTIFY THIS OFFICE IN MAKING A REPORT AND RECOMMENDING TO THE CONGRESS THAT AN APPROPRIATION BE MADE AVAILABLE FOR THEIR PAYMENT. FROM THE FACTS PRESENTED, IT DOES NOT APPEAR THE INJURIES TO HAROLD VINCENT GOWEN WERE CAUSED BY THE NEGLIGENCE OF AN EMPLOYEE OF THE GOVERNMENT OR THAT THE EMPLOYEE WAS RESPONSIBLE FOR SUCH INJURIES; NOR DOES IT APPEAR THERE IS ANY LEGAL OR EQUITABLE LIABILITY ON THE PART OF THE GOVERNMENT TO PAY FOR TREATMENT RENDERED THE UNFORTUNATE BOY ON ACCOUNT OF THE INJURIES; CONSEQUENTLY, THERE IS LACKING BASIS FOR FAVORABLE REPORT TO THE CONGRESS UNDER THE ACT OF APRIL 10, 1928, SUPRA. ..END :