MAY 13 (legislative day, APRIL 24), 1940.—Ordered to be printed Mr. MILLER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 7811] The Committee on the Judiciary, to whom was referred the bill (H. R. 7811) to establish the Hot Springs division of the western judicial district of Arkansas, after consideration thereof, report the same with amendments and with the recommendation that, as amended, it do pass. The bill sets up a new division of the court which would include the counties of Pike, Clark, Garland, Hot Spring, and Montgomery. As it passed the House, this new division also provided for the inclusion of Grant County, but the committee were of the opinion that Grant County would be better served if it remained in the western division, and have so amended the bill. The other amendments of the committee provide that accommodations for holding court shall be provided free of cost to the Federal Government, until such time as a suitable courtroom shall be provided in a Federal building, and that the clerk of the court shall keep an office in the Hot Springs division in charge of a deputy for the filing of papers, etc. The committee finds on a study of all the facts and geographical locations of other divisions that it is in the public interest that the bill as amended be passed and that the additional cost is fully justified. The bill as passed by the House has the approval of the Department of Justice. The claimant states that he was driving about 20 miles per hour, and while endeavoring to pass the Government truck on the left, the truck, without giving any signal, mechanical or otherwise, turned left toward a dirt road, which was obscured by snow, and struck his car; that the weather was perfectly clear; that the highway had been scraped by snow plows; that the snow was firmly packed down; and that his car was protected for travel by tire chains on the two rear wheels. The four passengers riding with the claimant corroborate his statement that no actual signal, either by hand or mechanical device, was given to indicate that the driver of the Government truck intended to stop or make a left turn into an obscured, snow-covered highway. Because of alleged negligence on the part of the claimant the Department denied his claim for damages to his automobile. His negligence is based on excessive speed under existing road conditions, failure to observe the directional signals, and attempting to pass a vehicle from the rear at an intersection. In the opinion of your committee the contention of the Department is not borne out by the record. The statement of the claimant, and the passengers in his car, clearly show that no signals of any kind were given; that there were no signs indicating an intersection; and that a speed of 20 miles an hour was not excessive under existing road conditions. These facts, together with the fact that the driver of the Government truck was just learning to operate the vehicle and was not fully competent, are, in the opinion of your committee, sufficient evidence to warrant recommending the passage of the bill. The facts are fully set forth in the following communications, which are appended hereto and made a part of this report. Hon. EDWARD R. BURKE, DEPARTMENT OF AGRICULTure, Chairman, Committee on Claims, United States Senate. DEAR SENATOR BURKE: Reference is made to your request of January 31 for report on S. 3223 for the relief of Arthur A. Schipke, of Meriden, Conn., in the sum of $148.15, on account of property damage resulting from a collision between his automobile and a Department of Agriculture truck in Union, Conn., March 10, 1939. The accident occurred on State Highway 15 at a point where the road was prac tically level and covered with hard packed snow, causing it to be very slippery, The roadway was being repaired and "Go Slow-Road Under Construction" signs were posted as a warning to traffic. The Government operator, a student driver, who was accompanied by an experienced authorized Government driver, was approaching a side road on the left into which he intended turning. About 130 feet from the intersection, the Government driver blinked the directional lights on the truck three times and then left them burning steadily. He slowed down to about 5 miles per hour and pulled toward the middle of the road. In the meantime, the private driver, approaching from the rear at 20 to 25 miles an hour, overtook the Government truck and attempted to pass just as the operator started the left turn. The private vehicle struck the left front fender of the Government truck, careened and crashed through a temporary guard rail into a ditch on the left side of the road. The private driver did not sound his horn before attempting to pass the Government vehicle. He stated he did not see the directional signal on the Government truck. In view of the existing road conditions, private car was traveling at an excessive speed. Failure to observe the directional signals and attempting to pass a vehicle from the rear at an intersection constituted negligence on the part of the private driver. Claim growing out of this accident, in the same amount stated in the bill, was submitted to the Department of Agriculture for determination on March 25, 1939, under the provisions of section 16 of the act of June 28, 1937 (50 Stat. 319), establishing the Civilian Conservation Corps. Because of claimant's personal negligence being the proximate cause of the accident, as outlined above, the claim was disallowed and claimant notified of the Department's decision by letter of the Acting Secretary under date of October 25, 1939. The Department continues in the belief that the Government may not properly be held liable for the damages suffered by Mr. Schipke. Accordingly, it is recommended that S. 3223 be reported upon adversely. Copies of pertinent documents in the case file are enclosed for information of your committee. Sincerely, GROVER B. HILL, Acting Secretary. MARCH 13, 1939. INVESTIGATION OF MOTOR ACCIDENT AT CAMP S-68, MARCH 10, 1939 At the request of Mr. C. H. Berry, administrative assistant, I have investigated the accident in which a Civilian Conservation Corps truck, U. S. D. A. 49520, was struck by a private car in the town of Union, Conn., on March 10, 1939, at 9:35 a. m. I find that Enrollee McMurrer of Camp S-68, Stafford Springs, Conn., under instructions from Acting Superintendent C. D. Gaudette, was giving Enrollee McCarren a driving lesson in a Chevrolet rack truck preparatory to the issuance of a Federal driver's permit. After driving on a town road they came out to the State highway, Route 15, in the town of Union, Conn., and after looking to the right, in which they had a clear view of about 950 feet, with no traffic in sight, they took a left turn and proceeded in a northerly direction. The truck was traveling at a speed of about 20 miles per hour and the driver desired to turn in to the next left town road, a distance of about 400 feet. His crew was working along this road. At about 130 feet from the intended turn McCarren blinked the directional lights three times and then kept them on permanently for a distance of about 90 feet, at the same time looking in the mirror for traffic in the rear. He didn't see any so he edged the truck towards the middle of the road as he approached the left turn and cut his speed from 20 miles to 5 miles per hour. The truck was a little past the middle of the road when it was struck by a Buick sedan, Connecticut registration S-10, owned and driven by Arthur A. Schipke, of 38 Queen Street, Meriden, Conn., and containing four passengers. The private car careened off the truck and went off the road striking a highway fence. No one in either vehicle was injured. The private car sustained damage to the bumper, spring; and the right fender was crushed, the right front door jammed, and the running board battered. Mr. Schipke originally claimed damages of $100 and later advised Superintendent Jack that the repairs would cost $146.90. The Civilian Conservation Corps truck received a damaged left front fender which can be repaired for $5. Officer Fitzgerald of the State police was summoned and he investigated the accident. Mr. Schipke admitted that he did not sound his horn as he attempted to pass the truck. He also said he did not see the directional lights and questioned their legality. The officer advised him that they are legal and also compulsory in the State of Connecticut on this type of truck. We might mention here that Mr. Schipke was rather upset about the delay as he was late for an engagement that he had in Boston at 11 a. m. After completing his investigation Officer Fitzgerald took the matter up with Grand Juror Zalmon Eaton, of the town of Union, who decided there would be no prosecution in this case. The road along the scene of the accident is being repaired and "Go SlowRoad Under Construction" signs are posted in clear view of all traffic. The road is fairly level and was packed hard with snow and was rather slippery. The day was clear and visibility good. Mechanic St. Marie stated that he examined the directional lights and pilot light, which is attached to the steering wheel, on the morning before and after the accident and found this equipment in good working order. Superintendent Jack and Mechanic St. Marie consider McCarren a good driver. He has been taking driving lessons from McMurrer for a period of 10 days, covering in that time about 120 miles. Superintendent Jack feels that the civilian driver is to blame in this case but has grounded McCarren and McMurrer as a precautionary measure. A review of the camp safety meeting minutes reveals the facts that meetings were held on January 5, 9, 16, 23 and February 6, 17, and 20. Safe driving was discussed at all meetings. CONCLUSIONS: In my opinion the accident was the fault of the civilian driver. He covered a distance of about 1,350 feet while the Civilian Conservation Corps truck, going 20 miles an hour, traveled 400 feet, and therefore was traveling at an excessive speed, in view of the hazardous condition of the road and despite the warning signs. In addition his failure to sound his horn, signaling his intention to pass, showed a lack of careful driving. The Civilian Conservation Corps driver, in my opinion, was driving with I didn't see the other car until it hit our truck. I instructed our driver to look in the mirror after blinking the directional lights three times and then putting them on permanently. He did as instructed. STATEMENT [s] LLOYD P. MCMURRER As I came off the tar road onto the dirt construction I slowed down to approximately 10 miles per hour and signaled my intention of turning left several times with the "turn indicator" and then left it signaling a left turn. As I approached the turn I slowed to approximately 5 miles per hour and drew toward the center of the road and as I set my wheels to make the turn, giving the truck no gas on account of road conditions, the pleasure car trying to pass on the left at a speed which I cannot estimate, struck the truck at the left front fender and caromed into the ditch. The truck was forced to the right side of the road and I brought it to a turn. (s) EDWARD MCCARREN. WITNESSES None other than occupants of both cars. INFORMATION FROM WITNESSES AND OFFICER'S ANALYSIS Operator of car No. 1, Arthur A. Schipke, stated that he was traveling northeast on Route 15, in the town of Union, on his way to Boston, Mass., at a speed of about 20 miles per hour. As he was about to pass a truck, this truck which was traveling in the same direction started to make a left turn into a side road. Mr. Schipke then pulled his car to the left but not soon enough to avoid being struck by the truck. The truck struck Mr. Schipke's car on the right side, near the rear of the front fender, forcing his car off the road into a small ditch and the front of his car striking a temporary fence erected near this ditch, Operator of car No. 2, Edward F. McCarren, age 19, 3322 Washington Street, Boston, Mass., now of Civilian Conservation Corps Camp Conner, Stafford, Conn., No. 1192, has no operator's license, but was driving under the instruction of Lloyd Patrick McMurrer, age 19, of One Thousand One Hundred and Ninetysecond Company, Civilian Conservation Corps Camp Conner, Stafford, Conn., holder of Connecticut operator license No. 61757, also United States Department of Agriculture motor-vehicle permit No. 68-42. This operator stated that he was proceeding northeast on route 15, in the town of Union at a speed of 5 miles per hour. He switched on his directional arrows three times, and before making the left turn into the side road kept the directional arrow switch on permanently while making the turn. As he was making the left turn and about in the center of the highway he noticed this other car and jammed the brakes on, but was unable to avoid striking the other car. The left front bumper and fender striking the Schipke car. Upon my arrival at the scene of this accident in the Mashapaug section of Union on Route 15, both car and truck had been moved from the original positions of the accident and as this highway is heavily traveled, I was unable to find any skid marks or tire tracks, with the exception of those off the side of the road leading into the ditch, but these tracks were not very clear, as some were made by the car involved and also by the Civilian Conservation Corps truck which pulled the car out of the ditch. I questioned of the truck (No. 2) and he stated that he was driving very slowly before and while making the turn to the left, and also that directional arrows were on while his truck was making the turn. I also questioned the operator of car No. 1, but he stated that he did not see the directional sign and neither did the occupants of his car. He also stated that he did not blow or sound his horn before attempting to pass the Civilian Conservation Corps truck. At this section of the highway there is no highway sign denoting a side road or intersection, although there is a sign approximately 100 yards southwest of the scene of the accident warning, "Go slow-Road under construction." The facts of this accident were taken up with Grand Juror Zalmon, Eaton of the town of Union, and he advised that there would be no prosecution in this case. Case closed. Case No. C-983; date, March 10, 1939; number of pages, 1-1. By Officer John R. Fitzgerald, No. 134, Station C, Stafford. GENERAL INFORMATION Town, Union; highway, Route No. 15, Buckley Highway; specific location, Mashapaug section of Union. Date of accident, March 10, 1939; time, 9:30 a. m.; weather conditions, clear; type of highway, macadam; condition of highway, covered with hard-packed snow, slippery. Number of vehicles involved, one passenger car and one truck. VEHICLE NO. 1 Name of operator, Arthur A. Schipke; address, 38 Queen Street, Meriden, Conn.; sex, male; age, 50; color, white; operator's license, No. 3464240, State of Connecticut; registration No. S-10, State of Connecticut. Name of owner, same; address, same; type of vehicle, passenger car; make of vehicle, Buick sedan; damage to vehicle, right front and rear fenders, right front door, right running board, right front wheel. If arrested what charge, uncertain; estimated damage, $100. Names and addresses of other occupants: Mrs. A. Schipke, 38 Queen Street, Meriden, Conn., riding in front seat; Mrs. A. D. Leavitt, 193 Bradly Avenue; Mrs. M. C. Hiller, 25 Winthrop Terrace; Mrs. Theo. Page, 77 Broad Street, all of Meriden, riding in rear seat. VEHICLE NO. 2 Name of operator, Edward F. McCarren; address, Civilian Conservation Corps Camp Conner, Stafford, Conn., home address, 3322 Washington Street, Boston, Mass.; sex, male; age, 19; color, white; operator's license, none; State registration No. 49520, State, United States Department of Agriculture. Name of owner, United States Department of Agriculture (Civilian Conservation Corps); address, Eleven Hundred and Ninety-second Company, Civilian Conservation Corps, Camp Conner, Stafford, Conn.; type of vehicle, truck; make of vehicle, 2-ton stake-body Chevrolet; damage to vehicle, left front fender dented, left front parking light damaged. If arrested what charge, uncertain; estimated damage, $3. Names and addresses of other occupants: Lloyd Patrick McMurrer, age 19, Eleven Hundred and Ninety-second Company, Civilian Conservation Corps, Camp Conner, Stafford, Conn.; Connecticut operator's, 61757. DAMAGE AND PERSONAL INJURIES Names and addresses of pedestrians, none. Damage to other property, several boards knocked off temporary fence near sandbank embankment. |