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"First Lieutenant Edwin Sullivan, Air Corps.

Appointed Defense Counsel of General Court Martial per SO 37, par. 5, Hq. Eighth Corps Area, Fort Sam Houston, Texas, February 13, 1930.

Relieved as Defense Counsel of General Court Martial per SO 55, Hq. Eighth Corps Area, Fort Sam Houston, Texas, March 8, 1930.

SO 53, Par. 4, Hq. The ACAFS & 10th Sch. GP., KFT, March 8, 1930: "4. First Lieutenant William K. Moran, Air Corps, is detailed Defense Counsel Special Court Martial appointed by paragraph 16, Special Orders No. 38, these Headquarters, dated February 17, 1930 vice First Lieutenant Edwin Sullivan, relieved."

SO 54, par. 2, Hq. The ACAFS & 10th Sch. Gp., KFT, March 10, 1930:

"2. First Lieutenant William K. Moran, Air Corps, in relieved as member of the Special Court Martial appointed by paragraph 16, Special Orders No. 38, these Headquarters, February 17, 1930, and is detailed Defense Counsel thereof, vice First Lieutenant Edwin Sullivan, Air Corps, Defense Counsel, relieved."

SO 28, par. 2, Hq. The Air Corps Training Center, Duncan Field, San Antonio, Texas, March 5, 1930:

"2. Pursuant to authority contained in Army Regulations 95-30, First Lieutenant Edwin E. Sullivan, Air Corps, is relieved from assignment and duty at Kelly Field, Texas, effective March 12, 1930, and is assigned to Randolph Field, Texas, and will report to the Commanding Officer thereof for duty."

SO 31, par. 2, Hq. The Air Corps Training Center, Duncan Field, San Antonio, Texas, March 13, 1930:

"2. So much of paragraph 2, Special Orders No. 28, these headquarters, March 5, 1930, relating to First Lieutenant Edwin E. Sullivan, Air Corps, as reads 'effective March 12, 1930', is amended to read 'effective March 13, 1930'."

SO 33, par. 1, Hq. The Air Corps Training Center, Duncan Field, San Antonio, Texas, March 15, 1930:

"1. Paragraph 2, Special Orders No. 28, these headquarters, March 5, 1930, as amended by paragraph 2, Special Orders No. 31, these headquarters, March 13, 1930, relating to First Lieutenant Edwin E. Sullivan, Air Corps, is further amended to read 'First Lieutenant Edwin Sullivan, Air Corps'."

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79TH CONGRESS HOUSE OF REPRESENTATIVES 1st Session

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LEGAL GUARDIAN OF LOUIS CINIGLIO

REPORT
No. 97

FEBRUARY 9, 1945.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 1561]

The Committee on Claims, to whom was referred the bill (H. R. 1561) for the relief of the legal guardian of Louis Ciniglio, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

A similar bill was favorably reported by this committee and passed the House in the Seventy-eighth Congress, but no action taken by the Senate before final adjournment of Congress.

The facts will be found fully set forth in House Report No. 1810, Seventy-eighth Congress, which is appended hereto and made a part of this report.

[H. Rept. No. 1810, 78th Cong., 1st sess.]

The purpose of the proposed legislation is to appropriate the sum of $3,500 to the legal guardian of Louis Ciniglio, a minor, of Palisades Park, N. J., in full settlement of all claims against the United States for injuries, medical, and hospital expenses sustained as the result of being struck by a United States Army vehicle on State Highway Route No. 6 in Palisades Park, N. J., on June 19, 1943.

STATEMENT OF FACTS

It appears that on June 19, 1943, at about 2:45 p. m., an Army sedan operated by a War Department civilian employee on official business, with a commissioned officer as passenger, was proceeding north on Route 6 in Palisades Park, N. J., at a speed estimated by the driver and his passenger as between 40 and 50 miles per hour. The weather was clear and the pavement, consisting of six lanes, was dry. It appears that Louis Ciniglio, Jr., 11-year-old son of Mr. and Mrs. Louis Ciniglio, Sr., of Palisades Park, suddenly ran out from the right-hand side of the highway toward the middle thereof, about 150 feet ahead of the Army vehicle; that he then started to return to the curb, hesitated, and turned back into the highway; that the Government driver applied his brakes when at a distance of

about 100 feet from the boy in an effort to avert the accident; and that the Army vehicle, notwithstanding such efforts on the part of the driver, struck the boy and threw him to the ravement, causing him to be seriously injured.

On June 19, 1943, the Government driver made the following sworn statement concerning the accident, which was concurred in by the commissioned officer who was riding with him:

"I was driving a Government car, traveling along Route 6 at Palisades Park, N. J., going in an easterly direction toward the George Washington Bridge. I was traveling at a reasonable rate of speed at approximately between 40 and 50 miles per hour.

"A young boy, eating an orange, darted out in front of the car. He paused, started back in the same direction from whence he came, reversed his procedure, continued to cross the road, at which time I stepped on the brakes and hit him with a glancing blow. In doing so, the car I was driving skidded completely about.

"We got out of the car, and Second Lieutenant

who was traveling with

me immediately picked the child up, put him back in the Army car, intending to rush him to the hospital. We could not srart the car at this time. Just as that moment, a car coming from another direction stopped and its occupants inquired if they could be of assistance to us. We put the child in the civilian car, and proceeded to the Englewood Hospital, approximately 6 miles away.

"We all took the injured boy to the hospital in the civilian car.

"There was no traffic at all at this intersection at the time of the accident, and the weather was very clear with the sun shining.

"This is an arterial highway, and this young boy appeared very suddenly without any warning, ran out into the road apparently eating an orange. I did not see him until he was in the middle of the road, and I did everything that I could to avoid hitting him, but he ran out into the road so rapidly, ran back to the curb once, ran back into the middle of the road again, and it was impossible to avoid hitting him.'

In an affidavit dated June 21, 1943, signed by Heinrich Muller, an eyewitness to the accident, he states:

"I hereby state that I was sitting on the front steps to my residence, located at 130 East Edsall Avenue, Palisades Park, N. J., at about 2:45 p. m., June 19, 1943, when an accident occurred between a Government car and young Louis Ciniglio. I saw the entire accident happen.

"The Government car started applying its brakes and screeching about 100 feet before striking the child. The driver of the Government car tried to avoid hitting the child and swung his car completely around to avoid running over the child. The accident occurred about the middle of the highway, a short distance from the curb, opposite the Plaza Service Station, Route No. 6.

"The boy (Ciniglio) appeared to be chasing a ball which rolled into the highway. No other children were there at the time. The front part of the car struck the boy."

The chief of police of Palisades Park states that the speed limit has been reduced at this section of Route No. 6 from 40 to 35 miles per hour upon the recommendations of the Federal Government to the State highway patrol enforcement agencies. The War Department in its report of June 17, 1944, is opposed to the enactment of this bill. However, the Director of the Bureau of the Budget in a letter to the War Department dated June 16, 1944, concerning the report on this bill states:

It is noted from the report that the Government driver admits that he was driving 40 or 50 miles per hour in a 35-mile speed limit zone; that he failed to apply his brakes immediately when he saw the boy first run out upon the highway; and that the boy, who is somewhat mentally subnormal, was only 11 years of age at the time of the accident.

"Under the circumstances, I feel obliged to advise you that while there would be objection to the submission for the consideration of the committee of such report as you may deem appropriate, this office would interpose no objection to an assumption by the Federal Government of responsibility for this accident."

Therefore, your committee concur in the recommendation of the Bureau of the Budget and disagree with the report of the War Department, in view of the fact that the driver of the Army vehicle was driving between 40 and 50 miles per hour, which was in violation of the State laws, and that had he had his car

under proper control he would not have struck this boy. Also, the statement of Mr. Muller in which he says that the driver started applving the brakes and the car was screeching about 100 feet before striking the child, shows that he did not have the car under proper control.

Therefore, your committee recommend that the proposed legislation be favorably considered.

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

Hon. DAN R. McGEHEE,

WAR DEPARTMENT, Washington, D. C., June 17, 1944.

Chairman, Committee on Claims, House of Representatives.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 4248, Seventy-eighth Congress, which would authorize and direct the Secretary of the Treasury to pay to the legal guardian of Louis Ciniglio, a minor, of 227 East Ruby Avenue, Palisades Park, N. J., the sum of $3,500 in full settlement of all claims against the United States for injuries, medical and hospital expenses sustained as the result of being struck by a United States Army Ford sedan No. 115702 on June 19, 1943, on State Highway Route No. 6 in Palisades Park, N. J.

On June 19, 1943, at about 2:45 p. m., an Army sedan operated by a War Department civilian employee on official business, with a commissioned officer as passenger, was proceeding north on Route 6 in Palisades Park, N. J., at a speed estimated by the driver and his passenger as between 40 and 50 miles per hour. The weather was clear and the pavement, consisting of six lanes, was dry. It appears that Louis Ciniglio, Jr.. 11-year-old son of Mr. and Mrs. Louis Ciniglio, Sr., of 227 East Ruby Avenue, Palisades Park, suddenly ran out from the right-hand side of the highway toward the middle thereof, about 150 feet ahead of the Army vehicle; that he then started to return to the curb, hesitated, and turned back into the highway; that the Government driver applied his brakes when at a distance of about 100 feet from the boy in an effort to avert the accident; and that the Army vehicle, notwithstanding such efforts on the part of the driver, struck the boy and threw him to the pavement, causing him to be seriously injured.

On June 19, 1943, the Government driver made the following sworn statement concerning the accident, which was concurred in by the commissioned officer who was riding with him:

* *

"I was driving a Government car, traveling along Route 6 at Palisades Park, N. J., going in an easterly direction toward the George Washington Bridge. I was traveling at a reasonable rate of speed at approximately between 40 and 50 miles per hour.

"A young boy, eating an orange, darted out in front of the car. He paused, started back in the same direction from whence he came, reversed his procedure, continued to cross the road at which time I stepped on the brakes and hit him with a glancing blow. In doing so, the car I was driving skidded completely about. "We got out of the car, and Second Lieutenant who was traveling with

me immediately picked the child up, put him back in the Army car, intending to rush him to the hospital. We could not start the car at this time. Just at that moment, a car coming from another direction stopped and its occupants inquired if they could be of assistance to us. We put the child in the civilian car, and proceeded to the Englewood Hospital, approximately 6 miles away. "We all took the injured boy to the hospital in the civilian car "There was no traffic at all at this intersection at the time of the accident, and the weather was very clear with the sun shining.

* *

"This is an arterial highway, and this young boy appeared very suddenly without any warning, ran out into the road apparently eating an orange. I did not see him until he was in the middle of the road, and I did everything that I could to avoid hitting him, but he ran out into the road so rapidly, ran back to the curb once, ran back into the middle of the road again, and it was impossible to avoid hitting him.

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