A-9701, JUNE 30, 1925, 4 COMP. GEN. 1074

A-9701: Jun 30, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHERE IT IS SHOWN THAT THE HORSE OF THE CLAIMANT BECAME FRIGHTENED WHILE THE BALLOON WAS PASSING OVER THE CLAIMANT'S FARM. WAS SO INJURED THAT IT WAS NECESSARY FOR IT TO BE KILLED. 3 COMP. PASSED OVER THE FARM OF CLAIMANT AND THAT ONE OF HIS HORSES IN THE PASTURE BECAME FRIGHTENED AND RAN INTO A BARBED-WIRE FENCE AND WAS SERIOUSLY INJURED AND THAT BY REASON OF THE INJURY WAS LATER KILLED. TESTIFIED THAT THE BALLOON WAS AT AN ELEVATION OF BETWEEN 50 AND 100 FEET ABOVE THE FARM. NO LANDING WAS MADE ON OR NEAR THE FARM. THE CLAIM IS NOT ONE INVOLVING NEGLIGENCE FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF DECEMBER 28. A BOARD OF OFFICERS OF THE ARMY CONVENED TO INVESTIGATE THE CLAIM FOUND THAT CLAIMANT'S HORSE WAS INJURED AS A RESULT OF BEING FRIGHTENED BY A GOVERNMENT DIRIGIBLE BALLOON FLYING OVER CLAIMANT'S FARM.

A-9701, JUNE 30, 1925, 4 COMP. GEN. 1074

PROPERTY, PRIVATE - DAMAGED BY AIRCRAFT A CLAIM COVERING DAMAGES FOR LOSS OF A HORSE RESULTING FROM OPERATION OF AN ARMY BALLOON, WHEN NOT IN EXCESS OF $250, MAY BE ALLOWED, UNDER THE ACT OF JUNE 7, 1924, 43 STAT. 492, WHERE IT IS SHOWN THAT THE HORSE OF THE CLAIMANT BECAME FRIGHTENED WHILE THE BALLOON WAS PASSING OVER THE CLAIMANT'S FARM, RAN INTO A BARBED-WIRE FENCE, AND WAS SO INJURED THAT IT WAS NECESSARY FOR IT TO BE KILLED. 3 COMP. GEN. 234 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO CAPT. CARL HALLA, DISBURSING OFFICER, UNITED STATES ARMY, JUNE 30, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 11, 1925, REQUESTING DECISION WHETHER VOUCHER SUBMITTED IN FAVOR OF CLYDE DE VOE FOR $121, COVERING DAMAGES FOR LOSS OF ONE HORSE, MAY PROPERLY BE PAID.

IT APPEARS THAT A DIRIGIBLE BALLOON FROM WILBUR WRIGHT FIELD, DAYTON, OHIO, OWNED BY THE GOVERNMENT AND PILOTED BY FIRST LIEUT. IRA R. KOENIG, AIR SERVICE OFFICER, ON DECEMBER 2, 1924, PASSED OVER THE FARM OF CLAIMANT AND THAT ONE OF HIS HORSES IN THE PASTURE BECAME FRIGHTENED AND RAN INTO A BARBED-WIRE FENCE AND WAS SERIOUSLY INJURED AND THAT BY REASON OF THE INJURY WAS LATER KILLED. THE PILOT OF THE BALLOON TESTIFIED THAT POSSIBLY HE FLEW OVER THE SOUTHWEST CORNER OF CLAIMANT'S FARM AT AN ATTITUDE OF 500 OR 600 FEET. ANOTHER WITNESS, APPARENTLY RESIDING ON THE FARM, TESTIFIED THAT THE BALLOON WAS AT AN ELEVATION OF BETWEEN 50 AND 100 FEET ABOVE THE FARM. NO LANDING WAS MADE ON OR NEAR THE FARM. THE CLAIM IS NOT ONE INVOLVING NEGLIGENCE FOR CONSIDERATION UNDER THE PROVISIONS OF THE ACT OF DECEMBER 28, 1922, 42 STAT. 1066.

A BOARD OF OFFICERS OF THE ARMY CONVENED TO INVESTIGATE THE CLAIM FOUND THAT CLAIMANT'S HORSE WAS INJURED AS A RESULT OF BEING FRIGHTENED BY A GOVERNMENT DIRIGIBLE BALLOON FLYING OVER CLAIMANT'S FARM, AND THAT CLAIMANT SUFFERED DAMAGES BY REASON THEREOF IN THE SUM OF $121, AND THE CLAIM WAS APPROVED BY THE CHIEF OF THE AIR SERVICE AND THE ASSISTANT SECRETARY OF WAR, AND RECOMMENDED FOR PAYMENT UNDER THE PROVISION MADE IN THE ACT OF JUNE 7, 1924, 43 STAT. 492, IN TERMS AS FOLLOWS:

* * * NOT MORE THAN $4,000 MAY BE EXPENDED FOR SETTLEMENT OF CLAIMS (NOT EXCEEDING $250 EACH) FOR DAMAGES TO PERSONS AND PRIVATE PROPERTY RESULTING FROM THE OPERATION OF AIRCRAFT AT HOME AND ABROAD WHEN EACH CLAIM IS SUBSTANTIATED BY A SURVEY REPORT OF A BOARD OF OFFICERS APPOINTED BY THE COMMANDING OFFICER OF THE NEAREST AVIATION POST AND APPROVED BY THE CHIEF OF AIR SERVICE AND THE SECRETARY OF WAR * * *.

THE PAYMENT OF THE VOUCHER SUBMITTED AND HEREWITH RETURNED IS AUTHORIZED ACCORDINGLY.

THE FACTS IN THIS CASE ARE ESSENTIALLY DIFFERENT FROM THE FACTS INVOLVED IN THE CASE DECIDED IN 3 COMP. GEN. 234.