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OCR Page 1 of 67Development
planning
EXECUTIVE OFFICE OF THE PRESIDENT
BUREAU OF THE BUDGET
or
WASHINGTON, D.C.
NARA
My
dear Mr. Latta:
MAR 2 81946
On March 27, 1946, you advised this office that H. R. 2008, "For the
relief of the village of Cold Spring, Minnesota", had been received at the
White House, and requested reports and recommendations as to the approval
of the bill.
It is the purpose of the bill to pay the sum of $2,100 to the village
of Cold Spring, Minnesota, in settlement of its claim against the United
States as reimbursement for the payment by the said village of the costs
of an action brought by Michael Schmit resulting in a judgment rendered
against the City by reason of personal injuries sustained by Francis
Schmit, a minor son of Michael Schmit, who was burned by a flare used by
employees of the Work Projects Administration on a water-main project in
the village of Cold Spring, Minnesota.
It appears that in November 1941, the Work Projects Administration
was constructing a water main in the village of Cold Spring. The plans had
been approved and the work authorized by the village, although the actual
work was done and supervised by the Work Projects Administration. Children
in the neighborhood were in the habit of playing around the excavation.
On November 26, 1941, after the day's work was completed, barricades were
placed around the open trench and open flares were placed at the ends of
the trench in front of the barricades. Later in the afternoon Francis
Schmit, one of the children playing around the excavation, was severely
burned by one of the flares.
The record does not indicate the exact circumstances under which the
accident occurred except that several small children, including the child
who was burned, were standing around one of the burning flares on the
date in question when a neighbor saw the child in flames, nor is there
any evidence to indicate that there was any negligence on the part of
the village of Cold Spring or the Federal Government which was responsible
for the project. Nevertheless in an action to recover damages for personal
injuries sustained by the boy which was brought by his father against the
village of Cold Springs in the District Court for Stearns County and which
was affirmed by the Supreme Court of Minnesota, a verdict was rendered for
the pläintiff in the sum of $2,100. There appears to be no doubt but what
the flares in question were the property of the Work Projects Administra-
tion and were set out by their workmen and that the village of Cold Spring
had turned the entire project over to the Federal Government and had no
employees on the job, nor did it have control or attempt to exercise any
control on the work being done. In view of the judicial determination
that has been made in this case and the fact that the village of Cold Spring
should be reimbursed for the expenditure incurred by it in payment of the
judgment, the proposal contained in the bill appears appropriate.
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