77th Congress, 2nd Session, Congress, Report No. 1072

Calendar No. 1104 77th Congress, 2nd session } SENATE { Report No. 1072

Senate report 1072, page 1 of 10

Mrs. Eddie A. Schneider
February 13, 1942
REPORT
[To accompany H. R. 5290]

The Committee on Claims, to whom was referred the bill (H. R. 5290) for the relief of Mrs. Eddie A. Schneider, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: Page 1, line 7, strike out the figure "$10,000" and insert "$5,000". The facts are fully set forth in House Report No. 1403, Seventy-seventh Congress, first session, which is appended hereto and made a part of this report.

[H. Report No. 1403, 77th Congress, 1st session]

The Committee on Claims, to whom was referred the bill (H. R. 5290) for the relief of Mrs. Eddie A. Schneider, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to pay the sum of $10,000 to Mrs. Eddie A. Schneider, of 3250 Ninety-third Street, Jackson Heights, Long Island, N. Y. , in full settlement of all claims against the United States for the death of her husband, Eddie A. Schneider, who was killed by the collision of the United States Navy plane with a private plane piloted by him, near Floyd Bennett Field, N. Y. , on December 23, 1940.

Statement of Facts

It appears that on December 23, 1940, a private plane piloted by Eddie Schneider was struck by a Navy plane, piloted by Ensign Kenneth A. Kuehner, United States Naval Reserve, in the vicinity of Floyd Bennett Field, Brooklyn, N. Y., causing the death of Eddie Schneider and completely demolishing his plane. The evidence indicates that the first contact of the Navy plane with the private plane was when its propeller cut through the tail of the private plane and cut the tail completely off. This was confirmed by the fact that the tail surfaces of the private plane were found later to have been completely severed and by markings found on the propeller of the Navy plane. After the propeller of the Navy plane severed the tail surfaces, the private plane pulled ahead for an instant. The Navy plane swung slightly then overtook the private plane, again cutting one of its wings causing it to immediately spin to the waters below. An inspection of the Navy plane revealed that the leading edges of both blades of the propeller had been gouged and nicked, apparently at the time the propeller severed the tail of the private plane. The lower right-wing tip was severely damaged at the outer end. Your committee find that Eddie Schneider was a brilliant flyer and had a bright future in his selected vocation. He was a young man, only 29 years of age, who had been flying since the age of 16 years. He made a transcontinental record at the age of 18 years, had flown for the Richfield Oil Co., was in the Ford reliability contest of 1930-31, and won first place for single-engine aircraft. In 1935 he was manager of the Jersey City Airport and Flying School for a year and one-half, and at the time of his death was flying as a Civil Aeronautics Administration instructor for the Archie Baxter Flying Service, Inc., a school at Floyd Bennett Field, Brooklyn, N. Y. Eddie Schneider was an outstanding figure among the young aviators of this country during the 13 years prior to his death. He had made a wonderful record, a record which would be a credit to any aviator, and whose loss was mourned by the aviation world. The several affidavits of witnesses which are appended hereto definitely show that this accident was a gross negligence on the part of the Navy pilot. The record also shows that the Navy plane was actually being handled by a student with only 22 hours dual-control experience. Therefore, your committee feel that the widow of Eddie Schneider, who has a widowed mother to support, is justly entitled to the sum of $10,000 for the loss of her husband and append hereto a favorable report from the Navy Department, also a complete report from the Civil Aeronautics Board, together with affidavits from witnesses and other pertinent evidence. Navy Department, Washington, D. C., July 12, 1941.

Chairman, Committee On Claims, House of Representatives, Washington, D. C. My Dear Mr. Chairman: The bill (H. R. 5290) for the relief of Mrs. Eddie A. Schneider has been referred to the Navy Department by your committee with a request for a report and recommendation relative thereto. The purpose of the bill is to authorize the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Eddie A. Schneider, of 3250 Ninety-third Street, Jackson Heights, Long Island, N. Y., the sum of 85,000 in full settlement of all claims against the United States for the death of her husband, Eddie A. Schneider, who was killed in a collision between a United States naval plane and the private plane which he was piloting near Floyd Bennett Field, N. Y., on December 23, 1940. The record of the proceedings of the board of investigation convened at the Naval Reserve Aviation Base, Floyd Bennett Field, Brooklyn, N. Y., December 23, 1940, by order of the commandant of the third naval district, discloses that United States Navy N3N-3 airplane, No. 2575, piloted by Ensign Kenneth A. Kuehner, United States Naval Reserve, with Franklin Newcomer, SM2/c, V-5, United States Naval Reserve, as passenger, collided with Piper Cub plane NC 27962 with the late Eddie A. Schneider of 3250 Ninety-third Street, Jackson Heights, Long Island, N. Y., as pilot, and George Herzog, 535 North Second Street, New Hyde Park, N. Y., as passenger, at about 2:50 p. m. December 23, 1940, in the vicinity of Floyd Bennett Field, Long Island, N. Y. Both Schneider and Herzog, the occupants of the civilian plane, died immediately at the scene of the crash from injuries received therein. At the time of the collision between these two planes and immediately prior thereto there were six civilian flight-training schools using this airfield, in addition to heavy traffic around the field. The several airplanes being used in training activities were of two or more different types of aircraft having a decided speed differential. Due to the nature of the construction of the Navy airplane it was impossible for the Navy pilot to see the civilian plane, which was directly ahead and beneath it, in time to avoid the accident. The board of investigation found that the Navy airplane, being the overtaking plane, was technically at fault, but that due to the blind angles of the Navy plane it was impossible to observe the civilian plane until too late to avoid the accident. The Navy airplane was on a duly authorized flight. The local weather conditions were clear and unlimited with visibility good and a northwest wind of approximately 10 miles per hour. The collision occurred at an altitude of about 600 feet over a point in the inlet bordering Floyd Bennett Field known as Deep Creek about 1,500 feet southwest of the administration building. The Navy Department recommends the enactment of bill H. R. 5152. Sincerely yours, James Forrestal, Acting Secretary of the Navy.

[For release August 13, 1941]

Civil Aeronautics Board,
Washington, D. C.
Collision In The Air.

A collision accident which occurred in the vicinity of Floyd Bennett Field, Brooklyn, N. Y., on December 23, 1940, about 1:25 p. m., resulted in fatal injuries to Pilot Eddie Schneider and Student Pilot George Herzog. The airplane in which they were flying, NC-27962, was demolished. Kenneth A. Kuehner, ensign, United States Naval Reserve, who was the pilot of the other airplane and his student, Franklin Newcomer, seaman, second class, United States Naval Reserve, escaped injury. The airplane in which they were flying, NSN-3 2575, was, however, severely damaged. The accident was reported to the New York City office of the Civil Aeronautics Board shortly after it occurred. Upon receipt of this notification the Board immediately initiated an investigation of the accident in accordance with the provisions of section 702 (a) (2) of the Civil Aeronautics Act of 1938, as amended, and sent an investigator to the scene of the accident. A private hearing was ordered by the Board and was held at Floyd Bennett Field, Brooklyn, N. Y., on January 9, 1941. Robert W. Chrisp, attorney for the Board, presided as hearing examiner, and the following personnel of the safety bureau of the Board participated: Jerome Lederer, director; Frank E. Caldwell, chief of the Investigation Division; and James N. Peyton, air safety investigator. On the basis of the evidence accumulated by the Board in its investigation, the Board herewith makes its report in accordance with the provisions of the Civil Aeronautics Act of 1938, as amended.

Summary And Analysis Of Evidence

Pilots. — Pilot Eddie Schneider held a commercial-pilot certificate with 1 land, 25 land, and instructor ratings. He had logged a total flying time of 2,233 hours 30 minutes, of which approximately 200 hours had been in the type of airplane which he was flying at the time of the accident. He was employed as a flight instructor by Baxter Flying Service, Inc., which maintained a flying school at Floyd Bennett Field. It was stated by his associates that he was a very good pilot and instructor, and that he was fully cognizant of the dangerous traffic conditions in the vicinity of Floyd Bennett Field. A witness who last saw him about noon on the day of the accident testified that Schneider had then appeared to be in good physical and mental condition. George Herzog, who was flying with Schneider at the time of the accident, had been issued a private-pilot certificate on August 1, 1930. In his application for a renewal of this certificate on July 14, 1933, he stated that he had logged 252 hours of flying time. He allowed this certificate to expire, however, on July 31, 1934. In September 1940, he obtained a student-pilot certificate and in November 1940, he passed the required written tests in the commercial refresher course of the civilian pilot training program. At the time of the accident he was taking flight instruction in this course at Baxter Flying Service, Inc., and had logged about 7 hours of dual instruction time, but had not soloed. Ensign Kuehner had received his flight training at the naval air station, Pensacola, Fla. At the time of tho accident he was assigned to duty as a flight instructor at the United States Naval Reserve aviation base, Floyd Bennett Field. He had logged a total flying time of approximately 1,500 hours. Kuehner was aware of the congested traffic conditions in the vicinity of the field. Newcomer, who was flying with Kuehner, had just begun flight training at the Naval Reserve aviation base, Floyd Bennett Field, and had logged at the time of the accident only 2 hours of dual instruction time.

Airplanes. — The airplane in which Schneider and Herzog were flying, NC-27982, was a Piper, model J3F-60, powered with a 60-horsepower Franklin engine. It was a high-wing monoplane, painted yellow, which normally cruised at 65 or 70 miles per hour. It had been purchased from the manufacturer by Archie Baxter, the operator of the Baxter Flying Service, Inc., in May 1940. Since its purchase it has been flown a total of approximately 515 hours. Subsequent to the last periodic inspection on December 16, 1940, the airplane had been flown a total of 14 hours. The total operating time of the engine was 536 hours. The airplane and the engine were apparently in good operating condition on the day of the accident. The airplane in which Ensign Kuehner and Seaman Newcomer were flying was a Navy trainer, N3N-8, No. 2575, powered with a Wright 235-horsepower engine. It was a two-place, open-cockpit biplane with a cruising speed considerably higher than that of the Piper Cub.

The flight — Schneider and Herzog had taken off from Floyd Bennett Field on the day of the accident for a 1-hour instruction flight. They had intended to perform spins, lazy 8's, and chandelles in an area approximately a mile north-east of the field, and to return to the airport to perform 360° approaches, 180° approaches, and spot landings. Apparently returning to the airport to land, their airplane was seen flying toward the west in the traffic lane along the north boundary of the field. The wind at the time was from the north-northwest 10 miles per hour so that their landing would probably have been made from the south on or alongside the north-south runway. Kuehner and Newcomer, who were also returning to the airport after a flight instruction period, entered the traffic lane along the north boundary of the field at a point approximately a quarter mile from the northeast corner of the field, and flew toward the west behind Schneider and Herzog. Newcomer, who was in the rear cockpit, was flying the Navy plane. Both airplanes were flying at approximately the same altitude at this time. When it was near the northwest corner of the field, the Piper flown by Schneider and Herzog made a left turn and flew in a southerly direction along the west boundary of the airport. It was at an altitude of approximately 600 feet at this time. The Navy plane, which was then some distance behind the Piper, also made a left turn when it reached the vicinity of the northwest corner of the field. Although one witness stated that both turns were made above approximately the same point, most of the testimony indicates that the Navy plane turned before reaching the point at which the Piper had turned. After making this turn it flew along the west side of the field on a heading slightly west of south. It was at approximately the same altitude as the Piper, possibly slightly higher. As the two airplanes flew along the west boundary of the field, both apparently in level flight, the Navy plane overtook the Piper from the left at an angle of approximately 25 degrees. The Piper was probably flying at a speed of about 65 or 70 miles per hour and the Navy plane at a speed of about 80 miles per hour, or slightly higher. Kuehner stated that when he first saw the Piper it was directly ahead of him, and he took over the controls in an attempt to maneuver so as to avoid it but was unable to do so. Newcomer stated that he had been looking at his instruments after completing the turn and failed to see the other airplane until after he felt Kuehner take the controls from him. When he looked up immediately after this, he saw the other airplane directly in front of the propeller of his plane. Just prior to the collision it appeared to witnesses that the plane banked to the left and pulled up slightly. The evidence indicates that the first contact of the Navy plane with the Piper was when its propeller cut through the tail surfaces of the Piper and cut the tail completely off. This was confirmed by the fact that the tail surfaces of the Piper were later found to be completely severed and by markings found on the propeller of the Navy plane. After the propeller of the Navy plane severed the tail surfaces of the Piper, the Piper pulled ahead for an instant. The Navy plane swung slightly to the left, overtook the Piper again, and its lower right wing struck the left wing of the Piper. The Piper rolled to the right into a nearly inverted attitude and fell off into a spin to the right. As it was entering this right spin, its left wing folded up against the side of the fuselage. Its right wing folded back during the spin. The Piper then dived into the water of Deep Creek, at a point approximately 1,500 feet west of the west boundary of the field, and submerged. After the collision the Navy plane entered a spin to the right, made approximately one turn in this spin, and then recovered and made a normal landing. The plane flown by Schneider and Herzog, NC27962, was completely demolished. An inspection of the Navy plane, N3N-3, No. 2575, revealed that the leading edges of both blades of the propeller had been gouged and nicked, apparently at the time the propeller severed the tail of the Piper. The lower right wing tip was severely damaged at the outer end.

Traffic control. — For some time prior to the accident air traffic had been very congested in the vicinity of Floyd Bennett Field. There were about 125 airplanes based at the field and these included many different makes of varying weights and horsepower — Lockheeds, Stinsons, Wacos, Luscombes, and Piper Cubs. Six approved civilian flying schools were operating at the field and they employed a total of 34 airplanes in their instruction work. Naval Reserve and Marine Reserve squadrons were also training at the field. The field was used as a base by the 'United States Coast Guard and as an alternate airport by the commercial airlines. It was frequently utilized by itinerant flyers. Mr. Kenneth P. Behr, the manager of operations at the field for the division of aviation, New York City, stated that he had seen as many as 30 airplanes maneuvering around the field during the most congested periods on Saturday afternoons and Sundays. Another witness stated that he had counted 27 airplanes operating in the vicinity of the field at one time on a normal day. There was, prior to the accident, neither an adequate set of airport traffic rules nor adequate enforcement of the existing rules. Because of the congestion and because of the lack of adequate rules and enforcement a hazardous traffic condition existed at the airport. Despite the diversity of the types of airplanes based at the airport there was no provision for the segregation of light and heavy airplanes in different traffic lanes. There had been numerous near collisions in the air in the vicinity of the airport because of this lack of segregation. No provision had been made for a uniform take-off and landing procedure. There was a wind "T" at the northwest corner of the field and there were several wind socks at different locations on the airport. It frequently happened that the wind "T" and socks indicated different wind conditions at the same time. Although many pilots ordinarily made landings and take-offs into the wind as indicated by the wind "T", others frequently followed one of the wind socks and thus interfered with other planes landing or taking off in reliance on the indication of the wind "T" or of another wind sock. The testimony also revealed numerous instances in which one airplane had taken off or landed cross wind directly across the path of another airplane taking off or landing. No procedure was prescribed for the practice of Navy pilots who employed the field as a place to drop tow sleeves which had been used in target practice. Although it appeared that the Navy flyers, when dropping tow-target equipment, usually made an effort to drop such equipment in a part of the field which was not in use, there had been at least one instance of another airplane striking the tow cable or sleeve while taking off or landing. Frequent complaints had been filed at the operations office of the field with respect to violations of the rules by both Navy and civilian pilots, but the filing of these complaints apparently had not resulted in any revision of the airport rules which would reduce the hazards incident to flying near the field. About 3 months before the accident Mr. Behr had discussed with a Civil Aeronautics inspector the advisability of drafting a new set of airport traffic rules in an effort to improve traffic conditions. On October 31, he decided to can a conference of hangar permittees and representatives of the commercial flying schools and military services to consider the matter. At the conference it was agreed that a new set of airport traffic rules should be drafted and should provide, among other things, for the segregation of light and heavy traffic in different traffic lanes, both counterclockwise. The new traffic rules and sketches showing the segregation plan were then drawn up. The rules and regulations and sketches were approved during the latter part of December to become effective as of January 1. These new airport traffic rules provided that planes of 100 horsepower or less should take off from and land on that half of the field which is to the left when heading into the wind. Planes of greater horsepower were required to take off from and land on the right side of the field. It was provided that airplanes of 100 horsepower or less should fly in the traffic land around the airport at an altitude of 500 feet and planes of more than 100 horsepower should fly at an altitude of 800 feet, both in a counterclockwise direction. It was also provided that all take-offs and landings should be governed by the wind "T" in the north-west section of the field. Landings were required to be made into the wind in the area designated for the type of airplane involved.

Analysis of the evidence. — It is apparent that Kuehner and Newcomer both had ample opportunity, when they were flying along the north and west boundaries of the airport, to observe the other plane as it flew almost directly in front of them and at the same altitude. Kuehner merely stated that he did not see the other plane until immediately before the collision. Newcomer had been watching his instruments to observe the effects of his left turn and apparently continued to watch them for too long a period. It was Kuehner's responsibility as instructor to watch for other airplanes in the vicinity and in the traffic lane. In view of the congested traffic condition in the vicinity of the field and of the fact that Newcomer had logged only 2 hours dual instruction time, Kuehner should have exercised the utmost care in watching for such other airplanes. It is apparent that the probable cause of the accident was his carelessness in failing to exercise such care. The lack of adequate traffic rules in the vicinity of the airport was a contributing factor. If the proposed traffic rules had been promulgated and made effective more expeditiously, the Navy plane would have been flying at 800 feet and the Piper would have been flying at 500 feet, had their pilots been obeying these traffic rules, and the accident would thus have been averted. Probable cause. — Upon the basis of all the evidence available to the Board at this time we find that the probable cause of the accident was the carelessness of Ensign Kuehner, while circling the airport, in failing to observe the other airplane in time to avoid it. Contributing factor.— We further find that the lack of, and delay in prescribing, adequate airport traffic rules contributed to the accident. By the Board. Thomas G. Early, Secretary.

City, County, And State Of New York. Gretchen H. Schneider, being duly sworn, deposes and says: I live at 32-50 Ninety-third Street, Jackson Heights, Long Island, N. Y., and I am the widow of the late Eddie A. Schneider, deceased. I am presently employed by American Airlines as a reservations clerk, at $100 a month salary out of which I support myself and assist in supporting my mother who is 59 years old and a widow also. My husband, the late Eddie A. Schneider, was 29 years of age, having been born October 20, 1911, and was killed in an airplane accident as hereinafter stated, on December 23, 1940, at about 1:30 p. m. We were married on the 2nd of June 1934, and had been married approximately 6 3/4 years at the time he was killed. My husband had a brilliant career as a flyer and began flying at the age of 16 years. He made a transcontinental record at the age of 18 years, had flown for the Richfield Oil Co., was in the Ford reliability contest of 1930-31 and won first place for single engine aircraft (Mr. Ford sponsored that contest at the time to interest people in the United States in flying). In 1935, he was manager of the Jersey City airport and flying school for 1 year. He had been in the employ of American Airlines for a year and one-half, and at the time of his death, was flying as a C. A. A. instructor for the Archie Baxter Flying Service, Inc., a school at Floyd Bennett Field which I understand was subsidized by the United States Government. I have seen a form of contract, "C. A. A. 2233" for pilot training flight instruction entered into September 14, 1940, by the United States of America with the Archie Baxter Flying Service, Inc., whereby the Government paid the flying school $335 for each student, and he was an instructor for that school at the time of his death, under the civilian pilot-training program in connection with which I understand the Government made this contract with Baxter's school. Although not directly in the employ of the United States Government, my husband was employed by a school which had a contract with the United States, this civilian pilot-training program having been a project sponsored by the Civil Aeronautics Board and the United States Government. My husband had had approximately 12 years of flying experience. We had no children, and flying and teaching others to fly were his life work. He held a commercial pilot certificate with 1 Land, 2 S. Land, and Instructor ratings. He had logged a total flying time, I am informed and believe, of 2,233 hours and 30 minutes of which approximately 200 hours had been in the type of airplane which he was flying at the time of the accident. He was universally acclaimed by his associates and authorities in the flying world as a very excellent pilot and instructor, and I am informed that witnesses who last saw him about noon, an hour and one-half before the accident hereinafter referred to, testified at the hearing, and I know as his wife, that he was in excellent physical and mental condition. He had been employed by this flying school for 5 or 6 months prior to his death. As to his earnings: At the time of his death, he was earning $50 a week, which he turned over to me. In fact, invariably since our marriage in 1934, he turned over his entire paycheck to me, and during the year and one-half that he was manager of the Jersey City Airport and Flying School, he cleared $500 a month above our expenses. That was in 1935. There was no doctor's expenses because he was instantly killed at the time of his accident, and the undertaker was William Schlemin, Inc., 539 Bergen Avenue, Jersey City, N. J. The funeral expenses were $544, and I attach to this affidavit, a bill from the undertaker in that amount of which $200 is still owing. There was no cost for a funeral plot because he was buried in his father's plot, next to his mother. I should have added that during his lifetime, he likewise assisted me in the support of my mother, such as I am now trying to do. The balance of this affidavit which relates to how my husband was killed, is of course made upon information and belief, because I was not present at the time, and the sources of my information, and the grounds of my belief, are the original report of the Civil Aeronautics Board dated August 13, 1941, file No. 4326-40, docket No. S. A. 31, the original of which I append to this affidavit, as well as statements made to me and signed by George P. Hammer, Civil Aeronautics Authority instructor for Jack Deane Flying School, William J. Minnett, 1415 Mott Avenue, Far Rockaway, and Richard Swanson, of 724 East Twenty-seventh Street, Brooklyn, N. Y., all of whom I am informed and believe, were witnesses at the Civil Aeronautics Authority hearing. This information is derived from an article in the Jersey Journal of Jersey City, N. J., which carried a quarter of a column on the hearing held by the Civil Aeronautics Board at Floyd Bennett Field, on or about January 9, 1941. I append hereto two signed statements by George F. Hammer, one dated December 23, 1940, and the other dated February 1, 1941. Mr. Hammer is a duly licensed aviation pilot and instructor and has been a pilot for 4 years. From these statements, it is evident that the Navy plane overtook the Cub plane in which my husband was flying and struck it twice. The original statements are herewith attached, respectively marked "Exhibits A and B". The statement of December 23, 1940, made on the date of the accident is addressed to Mr. Kenneth Behr, airport manager at Floyd Bennett Field, Brooklyn. The statement, dated February 1, 1941, was furnished to my attorneys. I attach as exhibits C and D, respectively, the original statements of Richard Swanson, the former dated December 23, 1940, addressed to the Safety Bureau, Civil Aeronautics Board, LaGuardia Field; the latter dated February 1, 1941, was furnished to my attorneys. Mr. Swanson has had 5,300 hours of flying and observed the accident. According to his statement, and all of his statements are strictly in accord with the report of the Civil Aeronautics Board, indicate that the Navy plane overtook the plane my husband was flying in, and struck it twice. I likewise attach as exhibit E, the signed statement of Captain Minnett, who, as I stated, I believe was a witness as was Mr. Hammer at the Board's inquiry. This statement also indicates that the Navy plane, flying faster than my husband's plane, came up behind and struck his plane from the rear and that at the time both planes were flying on a straight level course and making no turns or maneuvers of any kind. My husband, who had a total flying time, as appears from the Civil Aeronautics Board's records, of 2,233% hours of which approximately 200 hours had been in the type of plane he was flying at the time of the accident, was struck by a Navy plane which was being piloted by one Newcomer who had just begun flight training and had logged at the time of the accident, only 2 hours of dual instruction time. My husband's plane was powered with a 60-horsepower engine; the Navy plane with a 235-horsepower engine and had a cruising speed considerably higher than the cub plane, as it is technically called, my husband was piloting. Newcomer was in the rear cockpit of the Navy plane, and according to the Civil Aeronautics Board's report "was flying the Navy plane." Both airplanes were flying at approximately the same altitude at that One. When my husband's plane made a left turn in order to land the Navy plane, which was then some distance behind my husband's plane also made a left turn; he turned before reaching the spot at which my husband's plane had turned and overtook my husband's plane, an easily avoidable move, had the Navy ensign been watching, but he wasn't. My husband's plane was flying at a speed of about 65 to 70 miles per hour; the Navy plane at about 80 miles per hour or slightly higher. The Navy ensign testified that when he first saw my husband's plane, it was "directly ahead of him," and he took over the controls from his pupil (who had only logged 2 hours' time of dual instruction), in an attempt to avoid the collision. The pupil, Newcomer, stated that he had been looking at his instruments after completing the turn and failed to see the other airplane until after he felt the Navy ensign, Kuehner, take the controls from him. When Newcomer looked up immediately after this he saw the other airplane directly in front of the propeller of his plane. My husband's plane was completely demolished; the Navy plane returned with its occupants, safely, to the naval station. I have read with great interest and deep sorrow, the report of the Civil Aeronautics Board with regard to traffic control at Floyd Bennett Field, and the lack of, and delay in, prescribing adequate airport traffic regulations. I respectfully invite attention to pages 6, 7, and 8 of the Civil Aeronautics Board report. There is nothing that I can say or add with regard to that. That is peculiarly within the knowledge of the authorities. That air traffic had been very congested in the vicinity of Floyd Bennett Field, that about 125 airplanes based at the field of different weights, horsepower, and speeds, and that six approved civilian flying schools were operating at the field, was common knowledge; that civilians as well as Naval Reserve and Marine Reserve squadrons were training at the field was also well known, and anyone could see from 20 to 30 airplanes maneuvering around the field during congested periods on Saturday afternoons, Sundays, and holidays. Apparently there was no adequate set of airport traffic rules, nor was there adequate enforcement of the existing rules and a hazardous traffic condition has existed at the airport which had led, I am informed and believe, to previous accidents. In fact, the Civil Aeronautics Board refers to "numerous near collisions in the air in the vicinity of the airport". Everyone seems to agree, and the report of the Civil Aeronautics Board emphatically so states, that the Navy pilot Kuehner and his pupil Newcomer, who, with only 2 hours of instruction was apparently allowed to pilot this plane through this congested and dangerous area. "Both had ample opportunity to observe the other plane (my husband's) as it flew almost directly in front of them and at the same altitude. Kuehner merely stated he did not see the other plane until immediately before the collision. Newcomer had been watching his instruments to observe the effects of his left turn and apparently continued to watch them for too long a time. It was Kuehner's responsibility (so the Board states) as instructor, to watch for other airplanes in the vicinity and in the traffic lane. In view of the congested traffic condition in the vicinity of the field and of the fact that Newcomer had logged only 2 hours dual instruction time Kuehner should have exercised the utmost care in watching for such other airplanes. It is apparent that the probable cause of the accident was his carelessness in failing to exercise such care. "The lack of adequate traffic rules in the vicinity of the airport was a contributing factor. If the proposed traffic rules had been promulgated and made effective more expeditiously, the Navy plane would have been flying at 800 feet and the Piper would have been flying at 600 feet, had their pilots been obeying these traffic rules, and the accident would thus have been averted.

Probable cause. — Upon the basis of all the evidence available to the Board at this time we find that the probable cause of the accident was the carelessness of Ensign Kuehner, while circling the airport, in failing to observe the other airplane in time to avoid it.

Contributing factor. — We further find that the lack of, and delay in prescribing adequate airport traffic rules contributed to the accident." I again most respectfully invite attention to the report of the Civil Aeronautics Board appended hereto, and to the written statements likewise appended hereto. In further corroboration of the findings of the Board and the liability of the Navy plane for the accident, may I respectfully advise that I have been informed and believe that the Secretary of the Navy approved the claim of the flying school for the property damage to its plane; this, as far back as March 1941.

The Navy Department In a letter to my attorneys, advised that the Navy airplane is known as U. S. Navy, N.3N-3 Airplane No. 2575. I have lost a young husband, 29 years old, through no fault of his own, but through an accident which was caused by culpable negligence of someone in the employ of the United States Navy. My husband was a flyer with a brilliant record, who, while not in the service of the United States, was in the service of a flying school subsidized by the United States — i. e., paid $335 for each student in connection with a civilian-pilot-training program which was sponsored by the United States Government — whose pay at the time of his death was only $50 a week, but who had averaged anywhere from three to five hundred dollars a month in pay for many years prior to that time; a man who was an outstanding figure among the young aviators of this country during the 13 years prior to his death; who made a transcontinental record at 18 years of age; who 10 years ago won first place in the Ford reliability contest; whose flying record was a credit to any aviator and whose loss was mourned by the aviation world in this country; and who during the 6 1/2 years of our married life has been my sole support — all of which is most respectfully submitted.
(Mrs.) Gretchen H. Schneider. Sworn to before me this 29th day of August 1941.
Betty Rollnick, Commissioner of Deeds, New York Oily, residing in the Borough of Bronx, N. Y., County Clerk's No. 74, Registry No. 18-R-2. Commission expires April 16, 1942.

William Schlemm, Inc., Union City, N. J., August 28, 1941.
Mrs. Gretchen Schneider,
For the funeral of Eddie Schneider. Professional services $365.00 [for] Embalming remains, casket, name plate, palm., use of chapel, hearse and auto locally.
Cash outlay items:
Outside box $40.00
Removing remains, from New York City $15.00
Porters $4.00
Jersey Journal $8.40
[Hudson] Observer $6.60
N. Y. Times $10.50
Transcripts of death (2) $2.50
Gratuity at cemetery $1.00
Opening grave $25.00
Additional auto. (6) $66.00 $2.50 [Subtotal] $179.00
Total $544.00
Paid on account, January 8, 1941 $344.00
Balance due $200.00

Exhibit A

December 23, 1940. Mr. Kenneth Behr, Airport Manager, Floyd Bennett Field, Brooklyn, N. Y. DearSir: At about 1:85 p. m. on the above date, I was seated in a Cub trainer facing west and waiting for a ship to land on main runway in north easterly direction. I observed a biplane overtaking a Cub about 1,000 feet west of the airport, both ships in a southerly heading at about 800 feet altitude. The biplane struck the empennage of the Cub with the propeller severing the tail section of the Cub completely. The Cub seemed to be pushed ahead momentarily and then the biplane struck the Cub again and both ships rolled to the right.

The Cub spun in and the biplane made a three-quarter turn (flat spin) to the right and on recovering made a 3600 turn around the apparent location of the wrecked Cub, then returned to the airport. George F. Hammar, 1676 East Fifty-third Street, Brooklyn, N. Y.

Exhibit B

February 1, 1941. I, the undersigned, George Hammar, state that I reside at 3420 Avenue T, Brooklyn, N. Y. My business is aviation pilot and instructor at Jack Deane Flying School, Floyd Bennett Airfield, Brooklyn, N. Y. I am a duly licensed aviation pilot and instructor and my license No. 64499. I have been an airplane mechanic for 3 years and a pilot for 4 years. Both planes seemed to be flying a straight level course and the Navy plane traveling faster than the private plane crashed into the private plane. The private plane was pushed ahead and was struck once more. The first time the private plane was struck in the tail and the second time in the left wing by the nose of the Navy plane. The private plane went into a spin and crashed into the water. When I first saw the planes they were both about 800 feet high, and flying in the same direction. I am not related to Eddie Schneider in any way or to his family. I have no interest in the outcome of any claims here and am making this statement of my own free will and accord. I attach hereto a duplicate original statement signed by me and made on December 23, 1940. Geo. F. Hammar.

Exhibit C

Floyd Bennett Field, Brooklyn, N. Y., December 24, 1940. Safety Bureau, Civil Aeronautics Board, LaGuardia Field, New York, N. Y. I, Richard Swanson, of 724 East Twenty-seventh Street, Brooklyn, N. Y., commercial pilot No. 25806, witnessed collision between a private training ship (cub training plane) and Navy training plane. I was standing on the apron at the southeast corner of the Administration Building, noticing two planes very close together, the cub going in a southerly direction and the Navy training plane appearing to be going in a southwesterly direction. As I saw them at first, they were possibly less than 100 feet apart, the Navy plane appearing to overtake the private training plane. A few seconds afterward I noticed them so close together that they hit. It appeared to me that the right wing and possibly the landing gear of the Navy plane first hit the tail surfaces of the cub and then the right wing of the Navy plane hit the left wing of the cub. The Navy plane pulled clear and the small cub went into a spin. It appeared that the left wing of the cub folded up and the whole cub disintegrated in the air and dove straight into the bay. This all happened at 1:35 p. m. Estimated altitude between 400 and 600 feet. Richard Swanson.

Exhibit D

February 1, 1941. I, the undersigned, Richard Swanson, state that I reside at 724 East Twenty-seventh Street, Brooklyn, N. Y., and my business is aviation (flying charter and sightseeing planes) and my business address is Floyd Bennett Airfield and has been since 1932. I have 5,300 hours of flying and also hold an instrument rating. I am not related to Eddie Schneider in any way or to his family. I have no interest in the outcome of any claims here and am making this statement of my own free will and accord. I attach herewith a duplicate original (signed by me) of a statement made by me on December 23, 1940. Richard Swanson.

Exhibit E

February 1, 1941. I, the undersigned, Capt. William Minett, state as follows: I reside at 1415 Mott Avenue, Far Rockaway, N.Y., and my business is charter boatman (I take out fishing parties). My business address is at Frank Hennings fishing station at Simis Beach, Far Rockaway, N.Y. On December 23, 1940, about 1:30 o'clock, I was driving a car on the Belt Parkway, going east. I noticed two planes coming toward me on a northwest course. One was about a mile behind the other. The private plane (the one nearest to me) turned and headed south, and continued in that direction for about a half mile, the other plane (which I later learned was a Navy plane) following in the same direction and the Navy plane flying much faster than the private plane came up behind and collided with the private plane hitting the private plane's left wing with his propeller. They both went into a spin and the left wing of the private plane folded back and then the other wing and the plane crashed into the water called Deep Creek, in Jamaica Bay. At the time of the accident both planes were flying on a straight, level course, and making no turns or maneuvers of any kind. I am not related to Eddie Schneider in any way or to his family; in fact, I never knew or saw any of the parties involved. I have no interest in the outcome or any claims herein and am making this statement of my own free will and accord. William Minett.