Thomason

This appeal is from a dismissal of appellant’s complaint in a suit against the Works Projects Administration, Miller its administrator for Idaho, and Hedges a local supervisor for the Administration.

The complaint shows that in the summer of 1938 one Thomason, who was appellant’s husband, was employed in a weed control project administered by the Works Progress Administration. In the conduct of his work Thomason applied to the soil certain chemicals described as highly dangerous and poisonous to man. While so engaged he was overcome by fumes of the chemicals, became unconscious, and remained so until his death a few days later. Thomason had previously complained to Hedges, his immediate superior, of the ill effects of the fumes and had requested without avail to be transferred to other work. In the interim between the injury and the death Hedges reported to Miller a purported discharge of Thomason, the report being false and being made with the intent by Hedges to deceive his superior and to avoid liability under the law. There are aver-ments that no compensation has been paid the plaintiff on account of the death of her husband, that no true report of the accident has ever been…