Daniel Coleman who was riding in the truck testified that Richard MacDonald stopped his bicycle off the side of the road. The child put down his foot to balance himself; because of the grade his foot did not reach the ground. He lost his balance toppled over and fell between the front and rear wheels of the truck.

Walter Danch, Harry Hector, and Mike Bobala testified essentially the same as Daniel Coleman.

The findings are: Cause of death-lacerated wounds of scalp with compound fracture of skull with associated brain injuries. Manner of death: Accidental-run over by auto truck.

(Signed) LAWRENCE F. CUSICK, Minth District. Associate Medical Examiner, Essex County, Ninth District.

DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE,

Mass. SP-17, Breakheart Reservation, Melrose, Mass., July 22, 1937. Statement of Dr. Alexander McRobbie, camp surgeon, One Thousand One Hundred and Forty-ninth Company, Civilian Conservation Corps, and the One Hundred and Sixty-seventh Company, Civilian Conservation Corps, regarding fatal accident to Richard MacDonald

At 11:55 a. m. yesterday morning, Wednesday, July 21, 1937, while on my regular trip to the One Hundred and Sixty-seventh Company, Civilian Conservation Corps, at North Reading, Mass., I received a telephone message to the effect that a boy had been run over by one of the trucks of SP-17, at the One Thousand One Hundred and Forty-ninth Company, Civilian Conservation Corps camp at Breakheart Reservation. I immediately stepped in my car and drove back to that camp. I arrived at the scene of the accident at 12:15 p. m.

I found on my arrival the boy, approximately 11 years of age, lying in a twisted position toward the right side of the roadway. He was dead.

Upon examination I found no marks of injury on the lower part of the bodythe right side of the face, which was exposed, showed a few abrasions. The upper part of the skull showed severe lacerations of the scalp and multiple compound fractures of the bones of the right side of the skull. Beneath the head was a large pool of blood and the position of the body showed that it had not been moved after the accident.

I covered the body with a blanket and ordered it to be left in that position until the medical examiner and police arrived.

(Signed) ALExander McRobbie, M. D.

O

ESTATES OF MARIE R. MORKOVSKY AND ALPHONS

MORKOVSKY

JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. POAGE, from the Committee on Claims, submitted the following

REPORT

To accompany H. R. 4813)

The Committee on Claims, to whom was referred the bill (H. R. 4813) for the relief of the estates of Marie R. Morkovsky and Alphons Morkovsky, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The amendments are as follows:

Lines 5 and 6, strike out the language "to John L. Morkovsky, of Weimar, Texas, the sum of $5,000".

Line 8, strike out the sign and figures "$5,000" and insert in lieu thereof "$500".

Lines 11, on page 1, and 1, on page 2, strike out the language "personal injuries sustained by John L. Morkovsky, and for".

Amend the title so as to read: "A bill for the relief of the estates of Marie R. Morkovsky and Alphons Morkovsky, both deceased."

The purpose of the proposed legislation, as the bill has been amended, is to pay to the administrator of the estate of Marie R. Morkovsky, deceased, formerly of Hallettsville, Tex., the sum of $500, and to the administrator of the estate of Alphons Morkovsky, deceased, formerly of Hallettsville, Tex., the sum of $5,000 in full satisfaction of all claims against the United States for the deaths of Marie R. and Alphons Morkovsky, which resulted from a collision between the automobile in which they were passengers and a United States Army truck on November 9, 1937, near Luling, Tex.

STATEMENT OF FACTS

On the date above mentioned at about 11 a. m., Rev. John L. Morkovsky was driving his mother, Mrs. Marie R. Morkovsky, and his brother, Alphons Morkovsky, from their home in Hallettsville,

Tex., to San Antonio, Tex., for the purpose of having some X-rays taken and some treatments given to his brother, who had a dislocated shoulder. His brother was sitting on the front seat of the car with him, and his mother on the rear seat.

At the time of the accident they were proceeding in a northeasterly direction on State Highway No. 29, at a speed, according to the affidavit of Reverend Morkovsky, of about 35 miles per hour or less. At the time it was drizzling rain and the road was slippery. Upon approaching the intersection of State Highway No. 29 with State Highway No. 3-A, at a point about 5 miles east of Luling, Tex., Reverend Morkovsky states that he was on the lookout for cars approaching on said Highway No. 3-A. Reverend Morkovsky further states: "The driver of the Army truck made a turn as if to go on the Gonzales Highway toward Gonzales, and then, before I could stop, turned back as if to go toward Waelder and struck my Ford car.'

The two cars collided and as a result thereof Alphons Morkovsky was killed instantly and his mother, Mrs. Marie R. Morkovsky, died shortly after she was taken to the hospital in Luling.

Reverend Morkovsky was taken to the hospital in Luling and kept there for some 6 hours and then carried to the Santa Rosa Hospital in San Antonio, Tex., where he had to spend 2 weeks on account of injuries sustained by him.

The facts as given by Reverend Morkovsky are disputed to some extent by the War Department, it being their contention that Reverend Morkovsky admitted he was driving at a speed of 50 miles per hour and that both Reverend Morkovsky and the driver of the Government vehicle failed to observe "slow" signs erected on the highway at the approaches to the intersection of the above-named highways. The Department further states that the driver of the Government vehicle, upon observing the civilian car, sounded his horn and applied his brakes, bringing the truck almost to a stop, and that Reverend Morkovsky reduced his speed to approximately 30 miles per hour and turned to the left to attempt to avoid a collision. The two cars thereby collided.

The Department recommends against the enactment of any legislation to reimburse Reverend Morkovsky for the injuries he sustained, inasmuch as they maintain he was guilty of contributory negligence. However, in view of the fact they also admit negligence on the part of the driver of the Government vehicle, they have no objection to the enactment of appropriate legislation to reimburse the estates of Marie R. and Alphons Morkovsky.

Mrs. Morkovsky was 61 years of age at the time she met her death and Alphons was 24 years of age, and left a wife and a baby daughter. It is recommended by your committee, therefore, that the administrator of the estate of Mrs. Morkovsky be allowed the sum of $500, and the administrator of the estate of Alphons Morkovsky, the sum of $5,000.

It will be noted that the bill, as originally introduced, called for an appropriation of $5,000 for Reverend Morkovsky, which amount has been eliminated altogether from the bill, as amended, your committee concurring with the opinion that the facts indicate contributory negligence on his part.

The report of the War Department, together with other pertinent evidence, is appended hereto.

WAR DEPARTMENT, Washington, June 15, 1938.

Hon. AMBROSE J. KENNEDY,
Chairman, Committee on Claims,

House of Representatives.

Dear Mr. KENNEDY: Careful consideration has been given to the bill, H. R. 10499, Seventy-fifth Congress, third session, for the relief of John L. Morkovsky, and the estates of Marie R. Morkovsky and Alphons Morkovsky, both deceased, which you transmitted to the War Department under date of May 9, 1938, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to John L. Morkovsky, of Weimar, Tex., the sum of $5,000; to the administrator of the estate of Marie R. Morkovsky, deceased, formerly of Hallettsville, Tex., the sum of $5,000; and to the administrator of the estate of Alphons Morkovsky, deceased, formerly of Hallettsville, Tex., the sum of $5,000, in full satisfaction of all claims against the United States for personal injuries sustained by John L. Morkovsky, and for the deaths of Marie R. Morkovsky and Alphons Morkovsky, which resulted from a collision between the automobile in which they were passengers and a United States Army truck, on November 9, 1937, near Luling, Tex.

The records of the War Department show that at about 11 a. m., on November 9, 1937, a United States Army 21⁄2-ton truck, on official business, was proceeding in an easterly direction on State Highway No. 3-A, 5 miles east of Luling, Tex., at a speed of from 20 to 25 miles per hour, on its proper side of the highway; that Rev. John L. Morkovsky, Weimar, Tex., driving a 1938 Ford V-8 Tudor sedan, with his brother, Mr. Alfonso Morkovsky, and his mother, Mrs. Marie Morkovsky, as passengers, was proceeding in a northwesterly direction on State Highway No. 29, at an admitted speed of 50 miles per hour; that at this time Reverend Morkovsky was driving his mother and brother to a physician for medical attention, his brother having received a previous shoulder injury; that it was drizzling rain and the road was slippery; that both drivers failed to observe "slow" signs erected on the highway at the approaches to the intersection of the abovenamed highways; that when the Government driver observed the civilian car, he sounded his horn and applied his brakes, bringing the truck almost to a stop; that the driver of the civilian car reduced his speed to approximately 30 miles per hour and turned to the left to avoid a collision; and that the civilian car collided with the Government truck, thereby causing the damages complained of.

As a result of this accident, Mr. Alfonso Morkovsky was killed instantly; Mrs. Marie Morkovsky was so seriously injured that she died later; and Rev. John L. Morkovsky suffered a fractured nose. In addition, the civilian car was demolished. No claim has been presented to the War Department arising out of this accident. While the accident is deeply regretted by the War Department, it appears from the above that this happening was not due wholly to fault or negligence on the part of the Government driver but was also due to contributory negligence on the part of Rev. John L. Morkovsky, and that such contributory negligence on his part should constitute a bar to recovery of any damages in his own right by special legislation or otherwise.

For the above reasons the War Department is constrained to recommend that favorable consideration be not given to that part of the proposed legislation which contemplates reimbursing the Reverend Morkovsky for injuries suffered by him in this accident.

While it is felt that responsibility for the death of the two persons who died as a result of this regrettable accident rests on both of the drivers of the cars involved, no objection will be offered to the enactment of legislation, if in the judgment of Congress this be desirable, to reimburse the estates of such deceased persons in such amount as may be determined to be just, provided such legislation will not inure to the benefit of the driver of the civilian car, who would thus ultimately benefit by his own negligence.

For the information of your committee there are enclosed herewith photostat copies of the material evidence on file in the War Department.

Sincerely yours,

LOUIS JOHNSON, Acting Secretary of War.

WEIMAR, TEX., March 13, 1939.

COMMITTEE ON CLAIMS, UNITED STATES CONGRESS,

Re H. R. 4813.

Washington, D. C.

GENTLEMEN: On the 9th day of November, A. D. 1937, I left my home in Weimar, Colorado County, Tex., in my Ford touring car and drove to the home of my parents in Hallettsville, Lavaca County, Tex., which is 26 miles. At 9:30 a. m. I left Hallettsville, and my mother, Mrs. Marie R. Morkovsky, and brother, Alphonse Morkovsky, joined me in a trip to San Antonio, Tex., where I was taking my brother Alphonse, who had accidently had his shoulder dislocated and was to have same X-rayed and treated by a specialist in San Antonio. He was sitting on the front seat of the car with me and my mother on the rear seat and at the time my car was run into by a United States Army truck, we had driven about 65 miles and it was about 11:30 a. m.

I drove from Hallettsville to Yoakum, then to Gonzales and about 16 miles from Gonzales, when I was driving about 35 miles per hour, or less as I was looking out for cars, as I went to drive in the Luling-Waelder Highway, I saw an Army truck coming from Luling, my brother Alphonse was looking in the direction of Waelder and he said, "This way is clear.' The driver of the Army truck made a turn as if to go on the Gonzales Highway toward Gonzales and then, before I could stop, turned back as if to go toward Waelder and struck my Ford

car.

This happened about 5 miles from Luling in Caldwell County, Tex. My brother Alphonse was killed instantly and my mother, Mrs. Marie R. Morkovsky, died shortly after she was taken to the hospital in Luling.

I was taken to the hospital in Luling and kept there for some 6 hours and then carried to the Santa Rosa Hospital in San Antonio, Tex., where I had to spend 2 weeks on account of the injuries suffered and it was some time longer before was able to perform my duties as a Catholic priest in Weimar, Colorado County, Tex.

I drove from the time I left Hallettsville not more than 45 miles an hour and was careful as I could possibly be, having my brother with a dislocated shoulder sitting by my side and I know that I was in no way responsible for the personal injuries sustained by me and for the death of my mother and my brother, who would be living today but for the carelessness and negligence of the driver of the Army truck which struck my car, for had the driver of the Army truck been driving same at a reasonable rate of speed, had he had same under proper control and known where he was going my car would never have been struck, my mother and brother would not have been killed, and I would not have been injured.

I was 28 years of age at the time this occurred, my mother was 61 years of age at the time of her death, and my brother was 24 years of age when he was killed, and he left surviving him a wife and baby daughter. I do not believe there were any eyewitnesses to the wreck except the driver of the truck and myself, unless it was someone in the truck with him. I was not knocked unconscious. Respectfully submitted.

Rev. JOHN L. MORKOVSKY.

Subscribed and sworn to before me this the 13th day of March, A. D. 1939.
[SEAL]
F. F. ANDERS,
Notary Public, Colorado County, Tex.