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Captain O'Brien and First Officer Crabtree were severely injured and the Board's representatives, after securing permission from the pilots' respective doctors, took their depositions while they were confined to the hospital. Captain O'Brien, subsequent to the taking of the deposition, had a head operation and after convalescing, advised the Board that his "head had cleared and memory returned", and that he could give further information. In accordance with Captain O'Brien's request, a supplemental deposition was taken September 16, 1941. First Officer Crabtree was granted the same opportunity and his supplemental deposition was taken on September 23, 1941.
While the Examiners and the representatives of the Safety Bureau were the only ones designated to ask questions directly of the witnesses, the Presiding Examiner, acting under instructions of the Board, announced at the opening of the hearing that any person who had any evidence, questions, or suggestions for consideration in the proceedings might submit them to the Examiners. Accordingly, 27 written questions were submitted and were asked of the appropriate witnesses.
Upon the basis of all the evidence accumulated in the investigation and hearing, the Board now makes its report in accordance with the provisions of the Act.
II.
SUMMARY AND ANALYSIS OF EVIDENCE
Air Carrier
Eastern, a Delaware Corporation, was operating at the time of the accident as an air carrier under currently effective certificates of public convenience and necessity and air carrier operating certificates theretofore issued to it pursuant to the Act, authorizing it to engage in air transportation with respect to persons, property and mail on various routes including that between the co-terminal points Newark, New Jersey and New York, New York, and the terminal point, Miami, Florida, via numerous intermediate points, among them being West Palm Beach, Florida; Vero Beach, Florida; Daytona Beach, Florida; and Jacksonville, Florida.
Flight Personnel
On the flight in question, the crew consisted of Captain Gerald O'Brien, First Officer Byron M. Crabtree, and Flight Steward Albert Marin.
Captain O'Brien, aged 32, had at the time of the accident accumulated a total of 3,557 hours of flying time, of which 2,486 hours had been with Eastern on Douglas equipment. He had logged 1,065 hours DC-3 time. He had served as a first officer for Eastern for about two years before becoming a captain on January 1, 1941. He had logged 197 hours of flying time as captain. Company records showed that since employment by Eastern he had logged 338 hours of instrument time, of which 12 hours had been instrument practice under the hood. In addition to flight experience he had about 30 hours Link Trainer time. His last physical examination, required by the Civil Air Regulations, was taken on November 1, 1940 and showed him to be in satisfactory physical condition.
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