V. H. SCHEURING, ELMER EGGERS, AND THOMAS FAHEY JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. HALL, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 5557] The Committee on Claims, to whom was referred the bill (H. R. 5557) for the relief of V. H. Scheuring, Elmer Eggers, and Thomas Fahey, 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 $500 to V. H. Scheuring, and the sum of $287.50 to Elmer Eggers, in satisfaction of a judgment obtained on September 28, 1937, by them against Thomas Fahey in the United States District Court, Southern District of Iowa, on account of personal injuries and damages sustained by them when their automobile was overturned as the result of a collision on January 30, 1937, with a Government automobile operated by Thomas Fahey, an investigator of the Alcohol Tax Unit, Bureau of Internal Revenue, while he was in the performance of his official duties. STATEMENT OF FACTS At about 11:30 a. m. on January 30, 1937, Mr. V. H. Scheuring, accompanied by Elmer Eggers, was driving his 1929 model A, 4-door sedan Ford automobile along Highway No. 30, near Woodbine, Harrison County, Iowa, at a speed of approximately 30 to 35 miles per hour. Mr. Scheuring was proceeding in a northerly direction on his right side of the road when suddenly a Government-owned automobile being driven by Thomas Fahey turned left at a sharp angle and crashed into the left front wheel and fender of the private vehicle, pushing it off the road, with the result that the car was wrecked and Mr. Scheuring and Mr. Eggers sustained various injuries. Thomas Fahey, the driver of the Government vehicle, was an investigator in the service of the Alcohol Tax Unit, Bureau of Internal Revenue, Treasury Department, and at the time of the accident, he was proceeding from St. Paul, Minn., to Denver, Colo., his post of duty. Fahey testified that he was proceeding at a speed of approximately 35 miles per hour, and that he saw ahead of him something coming down the road from which steam or snow was erupting. He further states that he could not definitely state what happened-that suddenly everything went black and the next thing of which he was conscious was the outlines of his room in a hotel at Woodbine, Iowa, to which he had been taken. The highway was covered with a coat of ice and was so slippery that it was difficult even for a man to walk thereon. Apparently the Government vehicle skidded into the private car. Scheuring and Eggers, who were injured in this accident, filed suits against Thomas Fahey in the State court to recover for damages claimed to have been sustained by them as a result of Fahey's alleged negligence in connection with the accident. On motion of the United States attorney, the cases were removed to the United States District Court for the Southern District of Iowa and ordered consolidated for trial. On September 28, 1937, a jury, after a trial on the merits, found a verdict for the sum of $500 in favor of V. H. Scheuring, and the sum of $287.50 in favor of Elmer Eggers. Judgments for these amounts were entered against Fahey, which, the record indicates, have not been satisfied. Both the Treasury Department and the Attorney General have submitted reports on this case. The Treasury Department states in part as follows: The Department is of the view that the claim possesses merit and that the proposed bill granting relief in the sums of $500 and $287.50, or such other amounts as may be deemed just and proper, should be passed. The Attorney General makes the following statement: If the Government were not immune to suit in tort an action could probably have been successfully maintained against it for the negligence of its employee. In view of this circumstance, I find no objection to the enactment of the bill under consideration. Your committee concur in the opinions of the departments and court which rendered judgment on this claim and recommend the passage of the bill. Appended hereto are reports of the Attorney General and the Treasury Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, OFFICE OF THE Attorney General, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: I have your letter of April 14, 1939, requesting my views concerning the merits of the bill (H. R. 5557) to provide for the payment of the sum of $500 to V. H. Scheuring, of Dunlap, Iowa, and the sum of $287.50 to Elmer Eggers, of Dunlap, Iowa, in settlement of judgments secured by them in the United States District Court for the Southern District of Iowa against Thomas Fahey, an employee of the Treasury Department. The records of this Department show that on January 30, 1937, Mr. Fahey, while proceeding on official business in a Government-owned automobile along a highway near Woodbine, Iowa, collided with the automobile in which Elmer Eggers and V. H. Scheuring were riding. As a result, Eggers and Scheuring sustained personal injuries, and their automobile was damaged. It appears that at the time of the accident the highway was covered with ice and sleet. Fahey was driving in a southerly direction and apparently his automobile skidded into the car occupied by Scheuring and Eggers, which was moving in a northerly direction. Scheuring and Eggers filed suits against Fahey in the State court to recover for damages claimed to have been sustained by them as a result of Fahey's alleged negligence in connection with the accident. On motion of the United States attorney, the cases were removed to the United States District Court for the Southern District of Iowa and ordered consolidated for trial. On September 27, 1937, a jury, after a trial on the merits, found a verdict for the sum of $500 in favor of V. H. Scheuring, and the sum of $287.50 in favor of Eller Eggers. Judgments for these amounts were entered against Thomas Fahey, which, the record indicates, have not been satisfied. The purpose of this legislation is in effect to require the Government to assume and pay the judgments. If the Government were not immune to suit in tort, an action could probably have been successfully maintained against it for the negligence of its employee. In view of this circumstance, I find no objection to the enactment of the bill under consideration. With kind regards, Sincerely yours, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, FRANK MURPHY, TREASURY DEPARTMENT, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Reference is made to your letter of April 14, 1939, previously acknowledged, enclosing copy of bill H. R. 5557, Seventy-sixth Congress, first session, for the relief of V. H. Scheuring, Elmer Eggers, and Thomas Fahey. The bill provides for the payment of $500 to V. H. Scheuring and $287.50 to Elmer Eggers in satisfaction of a judgment obtained September 28, 1937 by them against Thomas Fahey in the United States District Court, Southern District of Iowa, on account of personal injuries and damages sustained by them when their automobile was overturned as the result of a collision on January 30, 1937, with a Government automobile operated by Thomas Fahey, an investigator of the Alcohol Tax Unit, Bureau of Internal Revenue, while he was in the performance of his official duties. The files of the Department show that the automobile collision occurred as stated in the bill. Enclosed copy of report dated February 3, 1937, submitted by Investigator Oscar Henson, Sioux City, Iowa, and copy of report dated April 5, 1937, submitted by Chief Clerk G. G. Granville, Alcohol Tax Unit, Denver, Colo., gave a detailed account of the facts and circumstances surrounding the collision. Suits brought by V. H. Scheuring and Elmer Eggers against Thomas Fahey in the State court, Harrison County, Iowa, were removed to the United States district court, consolidated and tried at Ottumwa, Iowa, September 27, 1937. A report dated October 12, 1937, from the United States attorney referring to the trial states: "The evidence disclosed that the portion of the Highway United States No. 30, involved in the accident was level and straight for a considerable number of miles on either side of the place of collision; that at the time of the collision it was covered from shoulder to shoulder with a coat of ice and sleet and was so slippery that it was difficult for a man to walk thereon. Both of the plaintiffs were riding in an old Ford automobile, which the evidence disclosed was worth between $125 and $175. The defendant Fahey was driving a Plymouth, Government-owned automobile, proceeding from St. Paul, Minn., to Denver, Colo., his post of duty. Fahey testified he was proceeding at approximately 35 miles per hour; that he saw ahead of him something coming down the road on his side of the road, from which steam or snow was erupting. He testified he did not see approximately 1,400 feet ahead of him an orange-colored snowplow belonging to the Iowa Highway Commission, which was proceeding in the same direction he was proceeding. He testified he could not definitely state what happened; that suddenly everyH. Repts., 76-1, vol. 5- -88 thing went black and the next thing of which he was conscious was the outlines of his room in a hotel at Woodbine, Iowa, to which he had been taken. "The plaintiffs testified that they were proceeding toward Fahey at approximately 30 to 35 miles an hour; that they were on their right side of the road, and that suddenly the Fahey car turned left at a sharp angle and crashed into their left front wheel and fender, pushing them off the road, with the result that the car was wrecked, and that each sustained various temporary injuries. Fahey likewise received severe injuries in the accident which were duly enumerated in his testimony. "The evidence disclosed that the physical appearance of the cars immediately after the accident, and thereafter, showed the left front wheel of the Scheuring car had been the point of impact on that car, and that the point of impact on the Fahey car was on the right side thereof back of the right front wheel. This would indicate that the Fahey car had cut sharply across the road to its left and struck the Scheuring car on the left front wheel, or rather that the left front wheel of the Scheuring car then collided with Fahey's car, striking it immediately back of the right front wheel. "On this set of facts the matter went to a jury and the jury returned a verdict for the plaintiffs as follows: For Scheuring, a verdict in the sum of $500, and for Eggers, a verdict in the sum of $287.50, making a total verdict of $787.50." The United States attorney further expressed the opinion that the matter was fairly presented to the jury; that the testimony insofar, at least, as the defendant was concerned could not be improved nor changed in any manner upon retrial; that the court's instructions were fair and adequate; and that the entire matter constituted a fair jury question which had been resolved against the defendant. He recommended that no motion for a new trial be filed. Considering the fact that these judgments were obtained against Mr. Fahey in his personal, and not official, capacity, this Department refrained from assuming any responsibility in the matter of making any recommendation as to appeal or motion for a new trial, and so advised the Department of Justice. The Department of Justice advised that the United States attorney had reported that if it were the policy of the Government to have special acts passed authorizing the payment by the United States of such judgments, he would be able to compromise these judgments at a considerable saving. The Department replied that there was no established policy requiring it to initiate bills for payment of judgments rendered in cases where the evidence adduced at the trial showed conclusively that the employee was solely at fault, also that there was no fund available to pay these personal judgments, whether reduced by compromise or not. Enclosed copy of office letter of December 7, 1937 to Mr. Fahey shows that he was informed as to the above correspondence, but what steps, if any, he took to secure à new trial or to appeal or compromise were never made known to this Department. There is no law imposing liability upon the United States to pay these claimants for personal injuries attributable to negligence on the part of the Government employee even though he was traveling on official business at the time the collision occurred. Whether an exception should be made in this particular case through the enactment of special legislation is a matter within the province of Congress. The Department is of the view that the claim possesses merit and that the proposed bill granting relief in the sums of $500 and $287.50, or such other amounts as may be deemed just and proper, should be passed. Very truly yours, JOHN W. HANES, Acting Secretary of the Treasury. TREASURY Department, INTERNAL REVENUE SERVICE, ALCOHOL TAX UNIT, Sioux City, Iowa, February 3, 1937. Re Investigation of an automobile accident near Woodbine, Iowa, by Thomas Fayhe an investigator in the Alcohol Tax Unit with post of duty at Denver, Colo. B. F. WILSON, Investigator in Charge, Iowa Alcohol Tax Unit, Bureau of Internal Revenue Service, Des Moines, Iowa. DEAR SIR: I have the following report of investigation to submit to you, relative to an automobile accident which occurred on United States Highway No. 30, a distance of about 2 miles in a northerly direction from Woodbine, Harrison County, Iowa, at about 11:30 a. m., of January 30, 1937, in which Thomas Fayhe an investigator in the Alcohol Tax Unit with post of duty at Denver, Colo., driving an official car and E. H. "Valentine" Scheuring accompanied by Elmer Eggers, driving a 1929 model A Fordor sedan Ford automobile were injured. In accordance with your verbal instructions, while at Des Moines, Iowa, on February 1, 1937, I proceeded to Woodbine, Iowa, and there conducted an investigation relative to the above automobile accident. I arrived at Woodbine, Iowa, at about 7 p. m. of said day, and immediately went to the Harvey Hotel where I found and conferred with Thomas Fayhe who upon inquiry informed me that he had been injured in an automobile accident on the highway some distance north of Woodbine, Iowa, on Saturday, January 30, 1937, that he was investigator in the Alcohol Tax Unit, Bureau of Internal Revenue Service with post of duty at Denver, Colo., and that he was en route to that place from St. Paul, Minn., with a Government official car which had been assigned for services at the Denver post. Upon further inquiry, Investigator Fayhe informed me that about all he remembered of the accident was, that he was driving on the highway in a southerly direction at a speed of about 35 to 40 miles per hour, and all of a sudden he noticed an automobile approaching him from the south, then there was a crash, and he knew no more until he began coming to the following day. He appeared to be at a loss as to just how the accident occurred. Investigator Fayhe appeared to be in considerable pain, so I did not go into further detail at that time, regarding the accident. He informed me that he had and was receiving the best of treatment from both the doctor and the hotel operators. I then called on Dr. John G. Walsh, a practicing physician at Woodbine, Iowa, whom Investigator Fayhe informed me was attending him. I have known Dr. Walsh for quite some period of time, that he used to be located at Panama, Iowa, before locating at Woodbine, and I know he bears the best of reputation both as a citizen and physician. Dr. Walsh informed me that he was treating Investigator Fayhe, and the nature of his injuries was not serious, however painful, and that he was of the opinion that, unless something unforeseen sets in, he would be able to proceed to Denver, Colo., in a few days, and that he recommended that he travel by train instead of by plane as suggested by the Denver officers. I next proceeded to Missouri Valley, Iowa, where I met and conferred with David G. Herrick, a member of the Iowa State Highway Patrol, whom I learned made an investigation of the accident very shortly after it occurred. Upon inquiry, Patrolman Herrick informed me that he had submitted a report of his findings to his superior officer at Des Moines, Iowa, that we would be able to obtain a copy thereof at that point, that he was under orders to submit his reports through regular channels and was not permitted to personally, deliver me a copy of his report. He outlined his investigation verbally to me, and stated that he appeared on the scene about 20 minutes after the accident occurred, that the injured persons had been taken from the wrecks upon his arrival there. He stated that the condition of the paving was very icy on that day; that the visibility was clear; that both automobiles were on the east side of the paving, the Plymouth being some distance south of the Ford, both appeared to be badly wrecked. I arranged with Patrolman Herrick to accompany me to the scene and assist in making a further investigation of the accident. On the morning of February 2, 1937, I went with Patrolman Herrick to the scene where the accident happened; I noticed that there are no obstructions on the highway from either direction for a considerable distance. I saw where, what appeared to be the remains of an automobile accident, in the snow on the east side of the highway, this I would say was about 2 miles in a northerly direction from the town of Woodbine, Iowa. I picked up some parts of a Ford crankcase and saw a front bumper of an automobile buried in the snow. I later inspected the Ford car that was in the wreck, and saw the front bumper had been broken off. With Patrolman Herrick, I proceeded to Dunlap, Iowa, for the purpose of interviewing the doctor who attended the injured persons riding in the Ford car, we could not locate him so proceeded to the Louie Leaf Garage in Dunlap, Iowa, and there checked the wrecked Ford car. From all appearances, it had been struck on the left front wheel and fender, both being driven back under the motor, the radiator and hood as well as the front part of the frame were badly demolished, the body on the left hand side, was also badly dented. |