MARIE K. TROTTNOW, EXECUTRIX OF THE ESTATE OF ALFRED H. TROTTNOW, AND PAUL LINDLEY

JULY 13, 1939.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

'To accompany H. R. 2919)

The Committee on Claims, to whom was referred the bill (H. R. 2919) for the relief of Marie K. Trottnow, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Strike out all after the enacting clause and insert in lieu thereof the following language:

That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay out of any money in the Treasury not otherwise appropriated, the sum of $7,500 to Marie K. Trottnow, of Tulsa, Oklahoma, as executrix of the estate of Alfred H. Trottnow, deceased, and the sum of $1,000 to Paul Lindley, of Tulsa, Oklahoma, in full settlement of all claims against the United States on account of the death of the said Alfred H. Trottnow, and personal injuries sustained by the said Paul Lindley, as a result of a collision between the vehicle in which they were riding and a truck of the Forest Service, Department of Agriculture, on United States Highway Numbered 66, near Britton, Oklahoma, on April 1, 1938: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

Amend the title of the bill to read:

A bill for the relief of Marie K. Trottnow, executrix of the estate of Alfred H. Trottnow, and Paul Lindley.

The purpose of the proposed legislation is to pay the sum of $7,500 to Marie K. Trottnow, of Tulsa, Okla., as executrix of the estate of Alfred H. Trottnow, deceased, and the sum of $1,000 to Paul Lindley, of Tulsa, Okla., in full settlement of all claims against the United States on account of the death of Alfred Trottnow, and personal

injuries sustained by Paul Lindley, as a result of a collision between the vehicle in which they were riding and a truck of the Forest Service, on April 1, 1938.

STATEMENT OF FACTS

On April 1, 1938, at about 1:30 p. m., Mr. Alfred H. Trottnow was driving his 1938 Lincoln Zephyr sedan south on a highway near Britton, Okla. Mr. Paul Lindley was accompanying Mr. Trottnow in his car. Upon approaching an intersection Mr. Trottnow observed the truck involved herein approaching on the intersecting road traveling in an easterly direction. It might be mentioned here that while the positions of the two vehicles, insofar as the directions in which they were traveling is concerned, is undisputed, there is a confliction as to the numbers of the highways on which the two vehicles were traveling. In the statement of facts presented by the claimants' representatives, it is alleged that the highway on which Mr. Trottnow was traveling south was known as highway No. 66, and in the statement of facts presented by the Department of Agriculture it is stated that the Government vehicle was proceeding east on Highway No. 66, and indicates that the highway which the Government vehicle was approaching (namely the highway on which the Trottnow car was proceeding) was known as No. 77. The claimants' representatives have submitted a diagram indicating the facts to be as represented by them, and your committee is of the opinion that the facts as to the positions of the vehicles being undisputed, insofar as directions are concerned, the technicality as to the numbers of the highways is immaterial.

According to the evidence as presented by the claimants, the Government truck made a rolling stop, that is, did not come to a complete stop at the stop line, and proceeded on into the intersection endeavoring to make a left-hand turn or to turn north on the highway on which the Trottnow car was traveling south. In doing this the truck ran directly into the path of the Trottnow car, causing the collision which resulted in damage to Mr. Trottnow's automobile and injuries which resulted in his death, in addition to injuries to Mr. Lindley. It seems that Mr. Trottnow and Mr. Lindley both had observed the Government vehicle when about 50 yards from the intersection and according to Mr. Lindley, Mr. Trottnow, who had been traveling at approximately 35 miles per hour, slowed his car down to approximately 25 miles per hour. The Government driver had indicated that he was going to stop, but instead of doing so, rolled on out into the highway and apparently stopped directly in the path of the Trottnow car. It was snowing at the time, and the road was wet, and when Mr. Trottnow attempted to stop his car and swerve to the right automatically in order to prevent the collision, his car skidded and struck the truck. It is contended that the highway on which the Trottnow car was traveling was the most heavily used and that the Government vehicle should have come to a complete stop before entering said highway.

The Government's contention is somewhat different in that ther contend that the driver of the Government vehicle stopped 18 feet before reaching the highway on which the Trottnow car was traveling, and upon seeing no traffic approaching started forward, intending to turn left into the said highway. It is the Government's contention that upon entering the intersecting road the driver of the truck observed the private car approaching from the north and continued

on at a pick-up speed and traveled about 20 feet from the point of first visibility of the Trottnow car, when the latter's left front end struck the left side of the truck. It seems that both roads were posted with signs warning of dangerous intersection, but as before stated, it is the contention that the highway on which the Trottnow car was traveling was the most heavily used, and that it was customary for vehicles on the other highway to come to a complete stop before entering the intersection. This is evidenced by the fact that the Government states that its truck did come to a complete stop. This, however, is denied by Mr. Lindley, an occupant of the Trottnow car.

From carefully reviewing all the facts in this case, it appears to your committee that the driver of the Government vehicle has attempted to justify his position in this accident by alleging that he had come to a complete stop before entering the highway.

While this point is definitely disputed by Mr. Lindley, the other occupant of the Trottnow car, nevertheless, even admitting the Government driver's statement to be correct insofar as stopping is concerned, it would seem that this would not justify his proceeding on into the highway into the path of an approaching car, especially when he was attempting to make a turn and in view of the adverse weather conditions, making it impossible for any car to come to a complete sudden stop. Mr. Trottnow being on the main highway and seeing the Government truck apparently preparing to stop would quite naturally conclude that it was safe for him to continue on across the intersection.

After the accident, Mr. Trottnow and Mr. Lindley got out of their car, and Mr. Lindley states that the Government driver said that he was sorry but that he couldn't help it. Both Mr. Trottnow and Mr. Lindley were taken to the St. Anthony Hospital. They left the hospital at about 4 p. m. and caught a train back to Tulsa. Mr. Trottnow complained of considerable pain in the region of his abdomen and was taken to the hospital in Tulsa on the evening of April 2, and died the following evening on April 3, 1938, as the result of a tear in the mesentery with a resulting perforation of the small intestine, the contributing cause of his death being peritonitis. At the time of his death, Mr. Trottnow was 52 years of age, and was earning $350 per month. He left a wife and a 17-year old daughter, for whom he was providing an extensive musical training. The actual medical and burial expenses were $765.23, and the damage to Mr. Trottnow's automobile amounted to $361.38. All of this latter amount but $50 was taken care of by a $50 deductible insurance policy and therefore, $50 is the only expense to the estate for the damage to the car. Your committee feels that the amount of $7,500 to the estate of Mr. Trottnow is reasonable in view of Mr. Trottnow's earning capacity and his life expectancy and the fact that he has left a wife and daughter without any other means of support.

Mr. Lindley's injuries consisted of a badly wrenched neck and shoulders, broken ribs on left side, chipped fracture of sixth cervical vertebra, bruises on left shin, and bruises of left lung. Before the accident he was an able-bodied man and suffered with no aliments. It seems that since the accident he has been suffering with spinal trouble. Doctors' statements regarding his condition are hereafter appended, and it is recommended that the sum of $1,000 be allowed to Mr. Lindley.

Appended hereto are the reports of the Department of Agriculture, together with other pertinent evidence.

Hon. AMBROSE J. KENNEDY,

DEPARTMENT OF AGRICULTURE,
Washington, D. C., March 29, 1939.

Chairman, Committee on Claims, House of Representatives.

DEAR MR. KENNEDY: Reference is made to your letter dated February 7, and Department asknowledgment of March 1 relative to H. R. 2919, a bill for the relief of Marie K. Trottnow, Tulsa, Okla., in amount of $25,000 on account of the death of her husband, Alfred H. Trottnow, from injuries sustained when the vehicle which he was driving collided with Forest Service truck near Britton, Okla., April 1, 1938.

The facts in this case are briefly as follows: During a snowstorm which partially impaired visibility of both drivers, Government driver Marcus H. Craig, traveling east on Highway 66, stopped 18 feet before reaching Highway 77, upon which Mr. Trottnow was traveling south at an estimated speed of 35 miles per hour. Seeing no traffic approaching, Craig started forward, intending to turn left into Highway 77 and, as he entered the intersecting road, observed the private car approaching from the north at a stated distance of 270 feet. Government driver continued on at a pick-up speed of something less than 10 miles per hour and had traveled about 20 feet from point of first visibility of private car when the latter's left front end struck the left side of the truck.

Both roads are posted with signs warning of dangerous intersection 500 feet distant, the one on Highway 77 being 7 by 8 feet in size. Route 77 is a bricksurfaced highway 18 feet wide, bordered on each side by well-kept gravel shoulders, and an excellent view of the intersection with Route 66 is afforded. Although Route 77 is not protected by stop signs the Government driver brought the truck to a complete stop as a precautionary measure before entering the intersection. The Government driver asserts that he first became aware of the approach of the Trottnow automobile when that vehicle neared a designated sign, which sign is located a measured 250 feet north of the intersection, a distance affording ample time for Mr. Trottnow to reduce his speed sufficiently to have enabled him to gain full control of his car and pass behind the truck or to have turned right into Highway 66. Mr. Paul Lindley, who was a passenger in the Trottnow automobile, has fixed the speed of that vehicle as it approached the intersection at 35 miles per hour. B. W. Tharp, patrolman, Oklahoma patrol, who arrived at the scene of the accident shortly following its occurrence, reported: "Upon asking Mr. Trottnow how he happened to hit the truck he told me he didn't know exactly, but that it was snowing pretty heavily and he was talking to the young fellow in the car with him and that after he saw the truck he tried to stop but couldn't stop in time to avoid the collision. Mr. Trottnow stated that he was traveling between 25 to 35 miles per hour, but didn't know just exactly, but Mr. Lindley told me that he had noticed the speedometer and that they were going about 35 miles per hour just before they got to the intersection."

It is evident that Mr. Trottnow was traveling at excessive speed considering the weather conditions and prominent roadside sign warning of danger; that he was engaged in conversation with Mr. Lindley and not paying strict attention to his driving; that he failed to see the Government truck, although clearly visible until he was close upon it; and that he failed to yield the right of way to the truck, the fore part of which had passed center line of highway. These facts compel the conclusion that the accident was primarily the result of negligent driving on the part of Mr. Trottnow.

A claim submitted by Mrs. Marie K. Trottnow under the Small Claims Act of December 28, 1922 (42 Stat. 1066), in the sum of $50,000 for the death of her husband, Alfred H. Trottnow, and $50 for damages to his automobile, was disallowed by the Department on March 7, 1939, for lack of jurisdiction as to that part of the claim covering personal injuries, and upon the facts above defined as to the property-damage portion of the claim.

Based upon careful review of the evidence in this unfortunate case, the Department is of opinion that the Federal Government is without obligation to compensate the claimant, and it is recommended, therefore, that H. R. 2919 be reported adversely.

Copies of the following papers are submitted:

1. Undated report by St. Anthony Hospital on condition of Mr. A. H. Trottnow. 2. Letter of State Director John R. Nelson dated May 11, 1938.