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she had her car windows open and did not hear the siren on the ambulance. Caroline Salmon, a passenger in Mrs. Campbell's car stated that she did not hear the siren or horn being sounded by the ambulance.

Your committee is of the opinion that the ambulance driver was negligent in that he did not have the vehicle under proper control when he was crossing an intersection, and that Mrs. Campbell should be compensated for her injuries, property damaged to her automoile, and medical expenses incurred as a result of this accident, amounting to $968.10.

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

WAR DEPARTMENT,

Washington, D. C., November 13, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives. DEAR MR. McGEHEE: The War Department is opposed to the enactment of H. R. 5240, Seventy-eighth Congress, a bill “for the relief of Mrs. Effie S. Campbeil."

This bill would authorize and direct the Secretary of the Treasury to pay to Mrs. Effie S. Campbell, of Colorado Springs, Colo., the sum of $968.10, in full settlement of all claims against the United States for compensation for personal injuries sustained, and reimbursement of expenses incurred, and property damages to her automobile as the result of a collision between her car and an Army Red Cross ambulance from Peterson Field at Colorado Springs, Colo., in the service of the United States, on October 17, 1943, at the intersection of Tejon and Vermijo Streets in the city of Colorado Springs, Colo.”

On October 17, 1943, at about 3:30 p. m., an Army ambulance, on official business and carrying an unconscious patient, was proceeding east on Vermijo Street, at a speed estimated at between 25 and 30 miles per hour, approaching the intersection of Tejon Street in Colorado Springs, Colo. The driver was sounding the horn of the ambulance continuously in warning of his approach. A Ford sedan operated by Mrs. Effie S. Campbell was proceeding south on Tejon Street at a speed of between 20 and 25 miles per hour approaching the same intersection. There was no traffic signal light or stop sign at the intersection. As the ambulance was proceeding across the intersection, the driver of the ambulance noticed that the civilian car was not stopping, and he swerved to the right in an effort to avoid a collision. The civilian car struck the ambulance on its left side near the middle, causing the ambulance to turn over and come to rest on its right side near the southeast corner of the intersection. As a result of the accident the civilian automobile was damaged, and Mrs. Effie S. Campbell and her passenger, Caroline M. Salmon, received personal injuries.

The Army driver made the following sworn statement on October 29, 1943:

On October 17, 1943, I was the driver of Government vehicle No. 713186, & Dodge 34-ton ambulance, and was stationed at military police headquarters in Colorado Springs. About 1445 [2:45 p. m.) we received a call that a sergeant and his wife had been asphyxiated at Buffalo Lodge, and Pvt. (1st cl) Nordt and I answered the call. After picking up the patients, we started for the station hospital at Camp Carson with them, trying to avoid stop lights, and keeping the horn blowing continuously. While going east on Vermijo Street at approximately 30 miles per hour, we approached Tejon, having just turned in from Cascade, I noticed a civilian driving south on Tejon while the ambulance was over a hundred feet from the intersection. As my horn was blowing steadily and the ambulance must also have been visible to the civilian, I made no attempt to stop. While the ambulance was in the middle of the car tracks it was hit on the left side, at the spare tire, by the front of the other car. I had not slowed down or swerved, assuming that the other car had stopped, and being on the lookout for other traffic.

“The impact turned the ambulance over on its right side, and it skidded on the street, coming to rest a few feet from the south curb of Vermijo. The civilizo vehicle slewed around about 90° but remained at almost the spot of the accident. I looked for skid marks of the civilian vehicle, accompanied by an M. P., but none were present.

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“The civilian driver, an old lady, was walking around and complained of her knee being hurt, but made no remarks concerning the accident. I didn't see her companion in the car."

An enlisted man who was a passenger in the ambulance made the following sworn statement on October 25, 1943:

"On October 17, 1943 at about 1530 (3:30 p. m.) o'clock I was the M. P. on duty in Colorado Springs and was riding in the back of an ambulance with a patient which we had picked up at Buffalo Lodge near Manitou Springs. When we reached the intersection of Tejon and Vermijo Streets, in Colorado Springs we were traveling at 25 miles per hour and the driver of the ambulance was blowing his horn, which he had been doing continually since we left Buffalo Lodge. We were nearly in the center of the intersection when I felt the ambulance swerve sharply to the right. Immediately after this the ambulance was struck hard on the left side somewhere near the left rear wheel, causing it to turn over on its right side. I was temporarily knocked out by the impact and when I came to I was standing in the street near the ambulance."

The following sworn statement was executed by Mrs. Effie S. Campbell on October 20, 1943:

“On October 17, 1943, at about 3:10 p. m., I was driving my 1935 Ford sedan south on Tejon Street in Colorado Springs. As I approached the intersection of Tejon and Vermijo Streets, I looked both to the east and west for cars coming along Vermijo, but saw none at all. I was proceeding very slow, about 15 miles per hour or less, because I intended to stop at Aley's drug store in the next block. As I drove across the intersection, a Government Red Cross ambulance, driving at a high rate of speed, suddenly appeared directly in front of my car. The ambulance came on us so suddenly and so fast that it was impossible to avoid a collision, even though I applied the brakes of my car immediately upon seeing the ambulance. The cars collided, the front of my car coming into contact with the left side of the ambulance. Due to the excessive speed of the ambulance, it turned over, and also dragged my car somewhat to the left. My car stopped immediately, and did not turn over, but it was severely damaged in the front end.

“At the time of the accident, the front windows were down on my car, and I hear perfectly. I did not hear any siren or horn of the ambulance, and I am positive that the ambulance was not giving any signal whatever at the time of the accident, or prior thereto. Also, the ambulance appeared to be driving in the middle of Vermijo Street, and I don't believe I had proceeded quite half way across the intersection at the time of the collision.

"I suffered a broken kneecap and also a broken ankle bone, all on the left leg, at the time of the collision. I am now at Glockner Hospital under the care of Dr. Charles F. Stow (Stough), and will probably be here for a long time."

Another sworn statement was executed by Mrs. Campbell on October 26, 1943, as follows:

"As we approached the intersection of Vermijo Street, I heard no horn or siren and saw no cars coming from either direction, although' I could see about a block down to the west on Vermijo before entering the intersection. I first saw the ambulance when it was about a car length from me, and felt that an accident was bound to occur.

I nevertheless slammed on the brakes, both foot and emergency, but the front end of my car hit into the left side of the ambulance, about the center thereof. The ambulance turned over on its side, and ended up near the curb on Tejon Street."

Caroline M. Salmon, a passenger in Mrs. Campbell's car at the time of the accident, made the following sworn statement on October 20, 1943:

"On October 17, 1943, at about 3:10 p. m., I was riding as a passenger in the -right-hand front seat of the Ford automobile of Mrs. Effie Campbell

, and Mrs. Campbell was driving the car. We were proceeding south on Tejon Street in Colorado Springs.

As we approached the intersection of Tejon and Vermijo Streets. I looked to the east and west on Vermijo and did not see any cars approaching. We were proceeding very slow, about 15 miles per hour or less, because Mrs. Campbell intended to stop at Aley's drug store in the next block. As we drove across the intersection, a Government Red Cross ambulance, driving at a high rate of speed, suddenly appeared directly in front of Mrs. Campbell's

The ambulance came on us so suddenly and so fast that it was impossible to avoid a collision. The cars collided, the front of Mrs. Campbell's car coming into contact with the left side of the ambulance. Due to the excessive speed of the ambulance, it turned over, and also dragged Mrs. Campbell's car somewhat to the left. Mrs. Campbell's car stopped immediately, and did not turn over, but it was severely damaged in the front end.

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"At the time of the accident the front windows were down on Mrs. Campbell's car, and I hear perfectly. I did not hear any siren or horn of the ambulance, and I am positive that the ambulance was not giving any signal whatever at the time of the accident, or prior thereto. Also, the ambulance appeared to be dirving in the middle of Vermijo Street, and we had not proceeded half way across the intersection at the time of the collision."

Several persons who witnessed the collision executed statements. The following is a sworn statement made by Corp. John D. Milliken on October 25, 1943:

On October 17, 1943, in the middle of the afternoon I was standing at the northeast corner of the intersection of Tejon and Vermijo Streets, in Colorado Springs. I was intending to walk across the street, going south, when I heard an automobile horn blowing loud and continuously. I looked toward the west and saw an ambulance coming from that direction. I waited at the curb and the next thing I knew I heard a crash and saw that the ambulance was involved in an accident with another vehicle."

On October 17, 1943, W. A. Vaughn made the following unsworn statement:

“I, W. A. Vaughn, 616 East Cache La Poudre Avenue, was sitting on a bench in the courthouse lawn when an accident occurred between an Army ambulance and a civilian car, on the corner of Cucharras and Tejon Avenues. The ambulance

coming from the west and the car was coming from the north on Tejon Avenue, and hit the ambulance almost in the center. The ambulance had the horn blowing. The civilian car was a Ford V-8. I would also say that it was the driver of the V-8 Ford's fault, as to the accident."

Corp. Warren C. Shawcroft made the following sworn statement on October 28, 1943:

"I was nearly across Vermijo Avenue when I noticed an Army ambulance coming east at a rate which I would guess to be about 30 miles per hour. The driver of the vehicle was blowing his horn for the right-of-way. I turned to see why he was blowing the horn and saw a civilian passenger car approaching the intersection from the north, it was a black 1936 Ford sedan and was traveling at about 25 miles per hour. A lady was driving the civilian car and so far as I was able to see, she made no attempt to check the speed of her car.

The car crashed into the ambulance, striking it about the left rear wheel The ambulance careened for a distance of about 20 feet and turned over on its right side. The civilian vehicle swerved to the left and stopped, heading east, approximately in the middle of the intersection.”

Dale Denny executed the following sworn statement on November 1, 1943:

“On the afternoon of October 17, 1943, I was working at my place of business at 6 East Vermijo Street, While on the sidewalk, I saw an ambulance turn from Cascade into Vermijo, constantly blowing the horn. While approaching the intersection of Tejon, the horn was still sounding, and the ambulance was going around 25 miles per hour. When the vehicle was almost across Tejon, it was hit on the left side by a civilian car, the impact turning the ambulance over. Immediately before the crash, the ambulance swerved to the right. I did not see the civilian car until almost the time of the crash, and cannot estimate its speed."

J. Robert Palmer made the following sworn statement on November 11, 1943:

“Civilian driver was going between 20 and 25 miles per hour; Government driver was proceeding about 30 miles per hour.

"The ambulance passed my car on Vermijo right past Cascade, blowing its horn steadily. I was driving almost directly behind when it reached Tejon. The civilian vehicle on Tejon ran directly into the side of the ambulance which swerved to the right. The civilian driver made no attempt to stop, and was looking straight ahead the whole time I was watching. The windows of the civilian car were closed.”

Dr. Charles F. Stough, Colorado Springs, Colo., attending physician to Mrs. Campbell, made the following statement on January 3, 1944, regarding her injuries:

"Mrs. Campbell's injuries were received in a collision between her automobile and an Army ambulance, on Tejon Street, and consisted of a comminuted fracture of the left patella and a fracture in the left ankle which was without displacement.

"It is my opinion that the total duration of her disability will be about 20 weeks, although it may be somewhat longer on account of her age. Her condition is excellent at the present time and she is improving daily but necessarily requires much time to limber her joints and put her in position to continue with her necessary daily work."

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The following is quoted from the traffic laws of the city of Colorado Springs:

“Section 65. Right-of-way. Right-of-way shall mean the right to proceed when two or more vehicles are in any given street intersection at the same time. The driver of a vehicle shall have the right of way over the driver of another vehicle approaching from the left on an intersecting street, and shall give the right of way to the driver of a vehicle approaching from the right: Provided, however, The driver of a vehicle making or about to make a left turn at any intersection shall yield the right of way to all vehicles proceeding straight ahead on any of said streets (as amended by Ordinance No. 1418 passed October 25, 1932.)”

Mrs. Effie Campbell was 70 years of age at the time of the accident and was not employed.

The claims officer at Peterson Field, Colo., who made a careful investigation of this accident, submitted a report in which he found that the accident was caused solely by reason of negligence of the driver of the civilian car.

On February 15, 1944, Mrs. Campbell filed a claim with the War Department in the amount of $901.27, representing $544.73 for personal injuries and $356.54 for property damage to her automobile. The claim was disapproved on February 20, 1944, on the ground that the claimant failed to keep a proper lookout and made no attempt to stop or yield the right-of-way to the Government ambulance proceeding on an emergency mission.

Mrs. Campbell submitted to the War Department the following bills to show expenses incurred as a result of the personal injuries and property damage sustained as a result of this accident: Birdsall-Stockdale Motor Co., Colorado Springs, Colo. (estimate of automobile repair and towing bill).

$356. 54 Dr. Charles F. Stough, Colorado Springs, Colo. (medical treatment). 100. 00 Edna A. Dull (companion and nurse).

30. 00 James S. LaHaye (aiding Mrs. Campbell to walk after accident)

16. 00 Colorado Springs Ambulance Service, Colorado Springs, Colo (ambulance, hospital to house) --

5. 00 Visiting Nurses Association of Colorado Springs (36 visits)

• 36. 00 Glockner Sanatorium and Hospital, Colorado Springs, Colo.

92. 42 4 checks in favor of Pearl S. Pettigrew (unexplained).

215. 00 Johnson-English Drug Co., Colorado Springs, Colo. (drugs and liquid refreshments)

12. 05 The Regal Drug Co., Colorado Springs, Colo., (drugs and liquid refreshments)

8. 31

Total.

871, 32 It is the view of the War Department that the evicence fairly establishes that the accident and resulting property damage and personal injuries sustained by Mrs. Effie S. Campbell were not caused by any fault or negligence on the part of the driver of the Army ambulance, but were caused solely by the negligence of Mrs. Campbell in failing to maintain a proper lookout and in failing to yield the right-of-way to the Army ambulance which had entered the intersection from her right. The evidence shows that both vehilces were traveling at approximately the same rate of speed and each approached the intersection about the same time, and that the Army driver was continuously blowing his horn at the time. Under the circumstance the Army driver had the right-of-way. It is obvious that if Mrs. Campbell had been properly attending to her driving duties the accident would not have occurred. As there was no negligence on the part of the Army driver there is no legal basis for a claim against the United States by Mrs. Campbell for the damages sustained by her as a result of this accident. The War Department, therefore, recommend that the proposed legislation be not favorably considered.

The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,

HENRY L. STIMSON,

Secretary of War.

AFFIDAVIT OF EFFIE S. CAMPBELL STATE OF COLORADO,

County of El Paso, ss: Effie S. Campbell, being first duly sworn upon oath, deposes and says that: I reside at 17 East Espanola, Colorado Springs, El Paso County, Colo.

That on October 17, 1943, at about 3:10 p. m., I was driving my 1935 Ford sedan south on Tejon Street in the city of Colorado Springs. As I approached the intersection of Tejon and Vermijo Streets, I looked both to the east and west for cars coming along Vermijo but saw none at all. I was proceeding very slowly, at about 15 miles per hour, or less, because I intended to stop at Aley's drug store in the next block. As I entered the interesection, a Government Red Cross ambulance, driving at a high rate of speed in the middle of the street, suddenly appeared directly in front of my car. The amublance came on us so suddenly and so fast that it was impossible to avoid a collision, even though I applied the brakes of my car immediately upon seeing the ambulance. The amublance was proceeding east on Vermijo Street. The cars collided; the front of my car coming in contract with the left side of the ambulance. Due to the excessive speed of the ambulance it turned over, and also dragged my car somewhat to the left. My car stopped immediately and did not turn over, but the front thereof was severely damaged.

At the time of the accident, the front windows were down on my car and I hear perfectly. I did not hear any siren or horn of the ambulance, and I am positive that the ambulance was not giving any signal whatever at the time of the accident, or prior thereto. The ambulance appeared to be driving in the middle of Vermijo Street, and I do not believe that I had proceeded quite half way across the intersection at the time of the collision.

I suffered a broken knee cap and also a broken ankle bone on the left leg at the time of the collision, and was confined in Glockner Hospital in Colorado Springs for many weeks. Dr. Charles F. Stough of Colorado Springs was my attending physician.

Although more than a year has elapsed at this time, I am still very lame and suffer a great deal of pain in my left knee and ankle, as the result of the accident, and cannot get around without the use of a cane.

The entire front end of my automobile was smashed and the damage to the car resulted in a loss to me of $321.86.

EFFIE S. CAMPBELL. Subscribed and sworn to before me this 22d day of November A. D. 1944. My commission expires May 28, 1946. (SEAL

AUGUSTA S. WILLIAMS,

Notary Public

COLORADO SPRINGS, Colo., September 1, 1944. Re: Mrs. Norman M. Campbell. To Whom It May Concern:

The injury received in an automobile accident was a comminuted fracture of the left patella and a slight chip off one of the ankle bones. Patella demanded open operation with sutures. Very truly yours,

Chas. F. STOUCH, M. D.

COLORADO SPRINGS, COLO., January 3, 1944. Re Mrs. Effie Campbell. Mr. DAVID P. STRICKLER,

City. DEAR MR. STRICKLER: Mrs. Campbell's injuries were received in a collision between her automobile and an Army ambulance, on Tejon Street, and consisted of a comminuted fracture of the left patella and a fracture in the left ankle which was without displacement.

It is my opinion that the total duration of her disability will be about 20 weeks, although it may be somewhat longer on account of her age. Her condition is excellent at the present time and she is improving daily but necessarily requires much time to limber her joints and put her in position to continue with her necessary daily work. My bill for same was $100. Very truly yours,

CAAs. F. Stough, M. D.

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