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It is my opinion, Grimes, operator of the Dodge car, was responsible for the accident because he entered the intersection against a red traffic signal, before the mail truck had a chance to clear.
ALBERT P. CZERWINSKI. Subscribed and sworn to before me this 16th of April 1940, at Baltimore, Md.
E. L. HODDINOTT,
STATE OF MARYLAND,
City of Baltimore: Personally appeared William Bacon, who being duly sworn, deposes and says:
I am 16 years old and live with my parents at 615 Montpelier Street, Baltimore, Md.
On October 30, 1939, about 10:45 a. m., I was riding in the rear seat with Robert Lockett in an automobile owned and operated by Harry Grimes when it was involved in an accident with & mail truck at the intersection of Monument Street and Fallsway.
Grimes was south-bound on Fallsway and as he approached the intersection the automatic traffic light was showing red. I cannot state how fast Grimes was driving. I can recall Grimes saying as he approached the intersection that he hoped the light would change to green. Just as Grimes entered the intersection the light changed to green and when about halfway across, the mail truck westbound on Monument Street struck the left side of Grimes' car and pushed it off the sidewalk at the southwest corner. A Packard car following in the rear of Grimes' car struck the rear end of the mail truck and was badly damaged.
While I think the accident was avoidable, I have since thought about the matter and have formed no opinion as to which driver was responsible for the accident.
WILLIAM A. Bacon. Subscribed and sworn to before me at Baltimore, Md., this 18th day of April 1940.
E. L. HADDINOTT,
Post Office Inspector.
STATE OF MARYLAND,
City of Baltimore: Personally appeared Robert Lockett, who being duly sworn, deposes and says:
I am 17 years old and live with my parents at 606 Montpelier Street, Baltimore, Md.
On October 30, 1939, about 10:45 a. m., I was riding in the rear seat with William Bacon in an automobile owned and operated by Harry Grimes, when his car was in collision with a mail truck at the intersection of Monument Street and Fallsway.
As Grimes approached the intersection the automatic traffic light was showing red, but just as the car entered the intersection the light changed to green. recall Grimes saying as he approached the intersection that he hoped the light would change to green. When the car operated by Grimes got about halfway across the intersection, the mail truck, west-bound on Monument Street, struck his left rear running board and fender and pushed his car up on the sidewalk on the southwest corner.
Before being struck by the mail truck, Grimes applied his brakes and skidded a short distance. While I believe the accident was avoidable, I have not formed any opinion as to which driver was responsible. A Packard car which was following in the rear of Grimes' car struck the rear of the mail truck and was badly damaged.
ROBERT K, LOCKETT. Subscribed and sworn to before me at Baltimore, Md., this 18th day of April 1940.
E. L. HODDINOTT,
Post Office Inspector.
UNITED STATES ATTORNEY, DISTRICT OF MARYLAND,
Baltimore, Md., November 21, 1939. Hon. Ernest GREEN,
Postmaster, Baltimore, Ma. DEAR Sır: The case of Albert Czerwinski, one of your mail truck drivers, who was charged with reckless driving, was tried in the traffic court today before Judge Harry Noeth. The result of the case was a $5 fine and cost on your driver.
Judge Noeth rules that if a driver of a car is approaching a green light, and, when he is within 5 feet of that light it changes to amber, if that driver does not stop, he is guilty of reckless driving in going through the amber light across the intersecting highway.
It is my opinion that if your Department considers it important, this caso should be appealed to the Baltimore city courts immediately. Very truly yours,
BERNARD J. FLYNN,
United States Attorney. O
C. Y. WEBB
FEBRUARY 13, 1945.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. McGEHEE, from the Committee on Claims, submitted the
[To accompany H. R. 1546)
The Committee on Claims to whom was referred the bill (H. R. 1546) for the relief of C. Y. Webb, having considered the same, report favorably thereon without amendment and reconimend that the bill
A similar bill was favorably reported by this committee in the Seventy-eighth Congress.
The facts will be found fully set forth in House Report No. 387 of the Seventy-eighth Congress, which is appended hereto and made a part of this report.
(H. Rept. No. 387, 78th Cong., 1st sess.) The purpose of the proposed legislation is to pay the sum of $1,500 to C. Y. Webb in full settlement of all claims against the United States for the death" of his daughter, Naomi Webb, resulting from a collision between two trucks, the property of the United States, on December 31, 1933.
STATEMENT OF FACTS
It appears that on December 31, 1933, at about 7:35 in the evening, a Civilian Conservation Corps truck, No. 3351, was traveling near Clarkdale, Ariz., when it was met by another Civilian Conservation Corps truck, and collided with same, killing Naomi Webb, of Clarkdale, who was riding in the back of one of the trucks. The accident happened in the dark, and both trucks had lights on brightly. The weather was clear and the road dry. The driver of one of the trucks stated that he became aware of oncoming danger when he applied his brakes, which responded, and his truck came to a stop; almost at the same moment when the brakes were applied, the two trucks collided. The same driver stated that the oncoming truck was within 25 feet of him when he saw it, that the narrowness of the road at the bridge which he had just crossed was largely responsible for the accident. It appears from the evidence that one of the fenders of the oncoming truck had fallen down on the wheel, which was undoubtedly a major cause of the accident.
H. Repts., 79-1, vol. 1-44
As a result of the accident, Naomi Webb was killed instantly and Florine Webb died something like 2 years later. Your committee do not feel that her death was caused from the accident, and has amended the bill to read $1,500 instead of $10,000, as originally written into the bill.
The inquest at Cottonwood, Ariz., on January 1, 1934, revealed that the driver of the truck in which Naomi and Florine Webb were passengers had authority to drive the truck on official business, that four persons, including the driver and Naomi Webb, were in the front, or driver's seat; that the truck carried no clearance authorization. While it may be that women are forbidden to ride in camp trucks, evidence shows that it was occasionally done, even after notices had been posted in camp: The practice must have been known to the officers in command.
In view of the above, your committee recommend favorable consideration of the proposed bill.
Appended hereto is report of the War Department together with other pertinent evidence.
Washington, May 14, 1941. Hon. PRENTISS M. BROWN, Chairman, Committee on Claims,
United States Senate. DEAR SENATOR BROWN: Reference is made to the bill S. 1012, Seventy-seventh Congress, for the relief of C. Y. Webb, which you transmitted to the War Department under date of March 3, 1941, with request for information and the views of the Department relative thereto.
On May 6, 1935, the Department submitted a report on S. 2639, Seventy-fourth Congress, a bill for the relief of C. Y. Webb, on account of damages sustained by him in connection with the death of his daughter, Naomi Webb, and since there is no additional evidence concerning the accident giving rise to her death, the facts relating to this happening and the conclusions of the Department thereon are applicable with reference to the measure now under discussion, so far as it relates to Naomi Webb.
However, it is noted that S. 1012, Seventy-seventh Congress, has been drafted to include damages arising out of the death of Florine Webb, another daughter of Mr. Webb, who was not included in the previous bill. As a result
of a recent investigation concerning the circumstances surrounding the death of Florine Webb on July 3, 1935, which occurred over a year after the accident.in question, it is reported to the Department by the commanding officer, Arizona district, Civilian Conservation Corps, at. Phoenix, that Florine Webb was not injured in the accident of December 31, 1933, and that the cause of her death on July 3, 1935, was chronic interstitial nephritis, onset in 1929, with uremia, onset June 27, 1935. The conclusion reached in this report is that the death of Florine Webb was not due to injuries sustained in the accident of December 31, 1933.
The following additional information has been obtained by the War Department in this case:
The members of the immediate family of Naomi and Florine Webb are Charles Y. Webb, father; Lucile Lee Webb, mother; Sophie Bell Webb, sister, age 28; Malcolm Charles Webb, brother, age 26; and Frances Pearl Webb, sister, age 21. These persons, apparently, were not dependent for support upon either Naomi or Florine Webb prior to or at the time of death.
The funeral expenses of Naomi Webb were $225, which were paid by Charles Y. Webb. There were no medical or hospital expenses since Naomi Webb was instantly killed. Since Florine Webb was not injured in the accident of December 31, 1933, there were no hospital, medical, or funeral expenses directly attributable to the accident in her case.
While the Department deeply regrets the tragic accident, yet under the circumstances, it is constrained to recommend against the approval of the proposed legislation. Sincerely yours,
HENRY L. STIMSON, Secretary of War.