when first seen. The skid marks were 30 feet long, and ended 6 feet from the trolley-wire standard. Since a demonstration showed that the skid marks terminate at the rear wheels, the rear axle would, therefore, be 6 feet east of the standard. The distance from the front axle to the front of the truck is approximately 2 feet. Therefore, this distance, 2 feet, plus 3 feet, the distance Bell was seen from the front of the truck, plus the distance between the hubs of the front and near axles, 13% feet, is equal to 181⁄2 feet. By subtracting this distance, 181⁄2 feet, from the distance between the trolley wire standard and the beginning of the skid marks, 36 feet, it would indicate that Bell was standing 171⁄2 feet east of the standard, approximately in the center of the west-bound track.

21. Bell is tall of stature, approximately 6 feet. His most serious injury was sustained to his left knee, the ligaments of which were severely strained. The height of the front bumper is less than 2 feet from the ground. The extent of the injury and the position of Bell in relation to the truck when it was brought to a stop, indicates that Bell was struck at the knee by the bumper, and the truck did not pass over him.

22. Considering that Bell is unable to produce evidence that a claim for dameros was submitted or that his intention for filing a claim had been declared within 1 year from the date of the accident, and that the case is ordinarily closed at this point, complete information has not yet been obtained as to the amount of compensation paid to Bell for his injury, or as to the amount, if any, expended by him. The report of the Atlantic City Hospital shows that $177.80 had been paid to that institution by the insurance company. This included his hospitalization from October 29 to November 18, 1942, and 22 diathermy or infrared treatments by or under the supervision of Dr. David Allman from December 7, 1492, to February 27, 1943. Information as to the cost of treatment by Dr. Rechtman at the Jewish Hospital, Philadelphia, Pa., from August 22 to October 6, 1943, and any additional treatment received has not yet been obtained. Consultation with Assistant United States Attorney Hyman disclosed that this information will not be of any benefit, inasmuch as this matter would not be presented to the jury at the forthcoming trial. Furthermore, in the event of favorable decision is not rendered in Worthington's behalf by the court, it remains for the plaintiff and the insurance company to prove to the court the cost of the actual payments made to and for the plaintiff.

23. The additional information contained herein has been presented in writing to the United States Attorney, and was accompanied by the original affidavits taken from John F. Galen; R. P. Mathis, superintendent of the motor vehicle service; and the drivers who had used the truck before and after Worthington, the defendant. Also forwarded to the United States Attorney was a sketch of the scene of the accident drawn to scale and a photograph of the intersection where the accident occurred. Copies of the affidavits of the persons mentioned herein and a photograph taken at the scene of the accident are attached herewith. 24. A final report will be submitted after the conclusion of the civil suit.

J. J. KINANE,

Post Office Inspector.

POST OFFICE DEPARTMENT,
BUREAU OF THE CHIEF INSPECTOR,

INSPECTOR IN CHARGE PHILADELPHIA DIVISION,

Philadelphia, Pa., December 9, 1944.

Subject: Atlantic City, N. J.-Accident on October 29, 1942, involving United States mail truck No. 5842, operated by Driver-Mechanic Albert Worthington and Pedestrian Nelson Bell, 242 North Maine Avenue.

The CHIEF INSPECTOR,

Washington, 25, D. C.:

Reference is made to the preliminary report submitted in the above-described case by Inspector J. J. Kinane on December 6, 1944, which is transmitted concurrently.

Investigation of the accident to date has shown that it occurred on October 29, 1942 at 4:55 a. m., while the United States mail truck No. 5842, operated by Driver-Mechanic Worthington was proceeding westerly on Atlantic Avenue, Atlantic City, N. J. en route from the post-office garage to the main post office located at Illinois Avenue and Atlantic Avenue. When the truck reached a point approximately 50 feet west of the intersection of Virginia Avenue and Atlantic Avenue and while traveling properly in the west-bound trolley car tracks, it

passed a trolley repair car which was standing or the east-bound trolley tracks. As the truck reached the point opposite the standing trolley repair car it struck Pedestrian Nelson Bell who was standing about in the center of the west-bound tracks. It developed that Pedestrian Bell was emploved as a motorman on the standing trolley repair car and was one of a crew of four employees who were engaged in repairing the overhead trolley wires at that point.

Immediately upon striking Pedestrian Bell, the mail truck was brought to a stop and Driver Worthington assisted Bell into a taxicab for removal to the Atlantic City Hospital where he was given emergency treatment by Dr. John D. Bonger. His injuries were diagnosed as possible concussion, possible fracture of distal one-third of left femur, lacerations of scalp and no definite history of unconsciousness. Pedestrian Bell was confined in the hospital from October 29 to November 18, 1912, and at his home until March 10, 1943. He returned to work on that date and performed his regular dut'es until August 21, 1943, although he continued under the doctor's care. He was thin admitted to the Jewish Hospital in Philadelphia, Pa., for further treatment and remained there until October 3, 1943, at which time he returned to his home at 242 North Maine Avenue, Atlantic City, N. J., where he was confined until December 1, 1943. Since that time, he has been employed on a full-time basis by the Atlantic City & Shore Railroad Co. Mr. Bell received the full benefit of a blanket accident policy held by the railroad company and purchased from the Standard Accident Insurance Co. of Detroit, Mich.

The investigation has disclosed that the mail truck involved in this accident was in good mechanical condition at the time of the accident; that the driver of the mail truck, Albert Worthington, was not negligent or careless in its operation; and that Pedestrian Bell was standing in the west-bound lane of vehicular traffic on Atlantic Avenue without using any lights or signs to safeguard his improper presence at that point. It is concluded that Driver-Mechanic Worthington was

not responsible for the accident.

On October 11, 1944, Altman and Backer, attorneys for Pedestrian Bell, filed a complaint in the Atlantic County Court of Common Pleas at Mays Landing, N. J., in which it was alleged that the injuries suffered by Pedestrian Bell were caused by the negligent operation of the Government-owned mail truck by Driver Albert Worthington. This complaint sought judgment on behalf of Pedestrian Nelson Bell against Defendant Albert Worthington in the sum of $35,000. The summons served on Defendant Worthington on October 11, 1944, required that an answer to the complaint be filed with the clerk of the Atlantic County Court of Common Pleas at Mays Landing, N. J., within 20 days after serving of the writ. Copy of the summons and the complaint of Pedestrian Bell are herewith.

On October 23, 1944, Defendant Worthington advised Mr. T. C. Stewart, postmaster, Atlantic City, N. J., to the effect that he had been served with the legal papers making h aim defendant in the civil suit to obtain judgment of $35,000 as a result of this accident. He stated that he was not responsible for the accident and requested that counsel be assigned to defend him in the case. On that same date the postmaster at Atlantic City, N. J. sent the letter from Defendant Worthington to the Fourth Assistant with the recommendation that counsel be assigned to represent Worthington. The postmaster's request for counsel was sent to the Solicitor for the Post Office Department by the Fourth Assistant on October 25, 1944 with the request that he be advised as to whether counsel would be assigned in order that the postmaster at Atlantic City could be apprized of that fact.

Upon receipt of the papers and request for counsel from the Fourth Assistant, the Solicitor advised the Fourth Assistant that the case had been referred to the Chief Inspector for investigation on October 24, 1944 and he was, therefore, unable to determine whether the postal employee would be entitled to counsel. The Solicitor referred the request for the assignment of counsel to defendant, Driver-Mechanic Worthington to the Chief Inspector on October 27, 1944, with the advice that in the event the investigation disclosed the postal employee to have been without fault and there was not sufficient time for a request for counsel to be routed through the usual channels, the inspector in charge would have authority to make such request direct upon the United States attorney. This letter was noted and referred to the inspector in charge of the Philadelphia division on October 30, 1944 and indexed and referred by this office to Inspector J. J. Kinane to whom the case had been assigned for investigation on October 26, 1944.

On November 21, 1944, the postmaster at Atlantic City, N. J., advised the Fourth Assistant that Driver-Mechanic Worthington had received a notice of assessing damages on November 17, 1944, and it was forwarded for the consideration of the Fourt Assistant. A copy of the notice is herewith in which it notifies Defendant Worthington that damages would be assessed in the case of Bell v. Worthington before the Atlantic County Common Pleas Court in the courtroom, Guarantee Trust Building, Atlantic City, N. J., on Friday, December 15, 1944, at 10 a. m. This correspondence was referred to the Chief Inspector by the Fourth Assistant on November 25, 1944. It was referred to the Philadelphia division by the Chief Inspector on November 27, 1944, and sent to Inspector J. J. Kinane by this office on November 28, 1944.

In accordance with the advice contained in the communication from the Solicitor dated October 27, 1944, to the Chief Inspector in which it was pointed out that the inspector in charge would have the authority to request counsel for Driver Worthington direct from the United States attorney and as the investigation had shown that Driver Worthington was not at fault for the accident, the matter was discussed with the United States Attorney, Newark, N. J., on December 7, 1944. The formal request in writing for the assignment of counsel to represent Driver Worthington was presented to the United States attorney together with a brief report of the investigation. Copy of the letter to the United States attorney is herewith.

Upon direction of the United States attorney, the case was discussed with Assistant United States Attorney Thomas M. Madden, Newark, N. J. In his opinion the failure of Defendant Worthington to make any reply to the complaint of Plaintiff Bell within 20 days after October 11, 1944, placed Defendant Worthington in default and usually precluded any possibility of his offering testimony in his defense after the ultimate date for answering the complaint which, in this case, would be October 31, 1944. He explained that the notice of assessing damages dated November 17, 1944, which was received by Defendant Worthington, was for the sole purpose of permitting the court to determine the amount of damages which would be awarded Plaintiff Bell as a result of the accident. It was agreed that counsel would be furnished to represent Defendant Worthington in these proceedings in the Atlantic County common pleas court on December 15, 1944

During the discsion with Assistant District Attorney Madden, he stated that he would try to have the hearing of the complaint reopened, either by a mutual arrangement with Attorneys Altman and Backer or by direction of the Honorable Vincent S. Haneman, judge of Atlantic County court of common pleas

An effort was made to have the hearing of the complaint reopened. Assistant United States Attorney Hyman advised that he had contacted Attorneys Altman and Backer who advised him that this was an insurance subrogation case started by the Standard Accident Insurance Co. of Detroit, Mich., and that neither Altman and Backer or Plaintiff Bell were in a position to agree to a reopening of the hearing without the permission of the insurance company. Assistant United States Attorney Hyman further advised that he intended to contact the officers of the insurance company within a few days and if he was not successful, he would then take the matter up with Judge Vincent S. Haneman.

This report is submitted to show the progress of the investigation and it is recommended that the Solicitor be advised of the status of the legal proceedings. A. E. WETMore, Inspector in Charge.

O

JOHN B. H. WARING

JUNE 15, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. JENNINGS, from the Committee on the Judiciary, submitted the

following

REPORT

To accompany H. Res. 253)

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 253) for the relief of John B. H. Waring, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

The purpose of the proposed resolution is to refer H. R. 3403, concerning the claim of John B. H. Waring, to the United States Court of Claims.

STATEMENT OF FACTS

This resolution is merely to refer this claim to the Court of Claims for hearing. The claim is of such importance that it is the opinion of your committee that the claimant, John B. H. Waring, should be heard by the Court of Claims. Therefore, your committee recommends favorable consideration to the resolution.

BRIEF IN SUPPORT OF PETITIONER'S CLAIM FOR RELIEF

In the matter of H. R. 3403, for the relief of John B. H. Waring

I. INTRODUCTION

Petitioner herein is John B. H. Waring, who presently resides in the city of Wilmington, Ohio, and is the individual for whose relief H. R. 3403 was introduced on March 9, 1949, before the House of Representatives A copy of said H. R.

3403 is as follows:

(H.. 3403. 81st Cong.. ist ess.

"A BILL For the relie of John B. H Waring

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby authorized and directed to pay. out of any money in the Treasury not