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Twenty-fifth Street, New York, N. Y.
Board of Economic Warfare, 500 Fifth Avenue, New York, N. Y..

was struck and killed by an Army truck in New York City, N. Y., on November 18,
1942.

On November 18, 1942, at about 9:20 a. m., an Army truck on official business, operated by an enlisted man, with a noncomissioned officer as passenger, was proceeding south in the inside lane on Seventh Avenue in New York City at a speed of about 20 miles per hour, and, with the green light in its favor, was crossing West Twenty-fifth Street. It was raining and the pavement was wet and slippery. It appears that as the truck approached the south crosswalk of West

Twenty-fifth Street, two pedestrians, Miss Ida Londinsky, 1068 Findlay Avenue, Bronx, N. Y., and Miss Elsie Thorne, 2512 Seventh Avenue, New York, who were crossing Seventh Avenue in an easterly direction against the red traffic light, suddenly emerged from in front of a vehicle which was preceding the truck and which had swerved around them, and stepped in front of the Army truck. The Army driver applied his brakes and swerved his vehicle to the right in an attempt to avert an accident, but the two women were so close to the Army truck that he could not avoid striking them.

As a result of the accident, Miss Thorne sustained a bruise on the left knee, and
Miss Londinsky sustained injuries from which she died at 1 p. m. on the same day.
The Army driver stated:

I was driving south on Seventh Avenue about 18 miles per hour. The traffic was pretty heavy for that time of morning. We had just crossed the northwest part of Twenty-fifth Street and Seventh Avenue intersection and were crossing with the green light. As we came to the southwest corner of said intersection, two ladies apparently had started from the southwest corner, across the street, against the red light, for traffic going west to east. I did not see these women until I was upon them and had no time to give a signal or stop in time to avoid hitting them. When I did see them, I very quickly applied my brakes but due to the slippery condition of the road my heavy truck skidded and hit the women, the one nearest the truck receiving the heaviest blow. I could have stopped in time if the road had been dry. I had also turned my wheels to the right to avoid striking the ladies. The woman I hit most directly was knocked to the left of my truck near the front of it. The blow knocked her off balance, making her fall, injuring her head, nose, and back. Her name is Ida Londinsky, 1068 Findley Avenue. The other woman jumped from in front of the on-coming vehicle, getting out of the way, and in some manner, I don't know just how, injured her knee. Her name is Elsie Thorne, 2512 Seventh Avenue, New York

was riding in the front seat of my truck and saw what Maj. William E. Elliot, Board of Economic Warfare, 500 Fifth Avenue, New York City, was standing on the southwest corner at the time of 5

the accident and saw the whole thing. Later police came to investigate the
accident, which was reported to Patrolman A. Fuller, badge No. 14906, Tenth
Precinct New York City, and Detectives Mathew Shields and Hugh J. Clark of
230 West Twentieth Street station."
The noncommissioned officer who was riding with the Government driver stated:

The traffic was rather close, it was raining, the road was very wet and slippery. The distance between the vehicle I was riding in and the one in front of us was about 25 feet. We were traveling at the rate of 15 miles per hour. This vehicle traveling directly in front of us pulled around the two pedestrians, thus leaving them exposed about 20 feet away, on the south cross walk at

"He jammed on his brakes and slid into the two women, The bumper and
the fender of the Government vehicle struck the two women, knocking them both
down, one of which jumped up and continued on across Seventh Avenue. The
other woman laid there. Apparently she was too badly hurt to get up.
"The accident as it happened could not have been avoided under the circum-
stan ces in which it happened.

The only witness other than myself was Maj. William E. Elliott,
Major Elliott stated:
FI, William E. Elliott, major, Signal Corps, assigned to Board of Economic
Warfare, Washington, D. c.,

was in New York City on official business on November 18, 1942, and witnessed an accident on Seventh Avenue and Twenty-fifth Street involving an Army vehicle and a pedestrian

on that date. At the time of the accident, I was about 25 feet north of the northwest sidewalk corner of Seventh Avenue and Twenty-fifth Street, The screams of a woman in the middle of Seventh Avenue first directed my attention toward the scene of the accident. My first glance toward the intersection

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took in the following elements of the scene: An Injured woman lying in the street in the middle of Seventh Avenue on about the extension of the north sidewalk of Twenty-fifth Street across Seventh Avenue. Another woman was lying in the middle of Seventh Avenue across the Twenty-fifth Street intersection and about on a line with the extension of the south sidewalk of Twenty-fifth Street across Seventh Avenue. An Army truck was slowing down to a stop near the west curb of Seventh Avenue and about 35 feet from the Twenty-fifth Street and Seventh Avenue intersection. From the fact that the street was slippery, due to light rainfall at the time, and that the truck did not skid as it came to a full stop at the point mentioned, I would estimate that the truck was traveling at a speed between 20 and 25 miles an hour at the time of the accident. The position of the women in the middle of Seventh Avenue indicated that the truck was probably driving in the lane nearest the middle of the street when it struck the pedestrians. Since the truck was going south on Seventh Avenue and the view open to this witness was of the rear of the truck immediately after the accident rather than at the moment of impact, I am unable to state whether the pedestrians walked into the path of the truck or were standing in the path of the truck for an appreciable time before the moment of impact. The traffic preceding the Army truck was thick with a pretty continuous line of vehicles, most of which -were separated by less than the length of a vehicle. The Army truck was the last vehicle to cross the intersection on the green light before the light changed to off and then to red. I, of course, did not see the women walk to their location in the middle of the street where they were struck, so I cannot give any opinion as to whether they reached such location under the previous green light where they were trapped on a change of the light or whether they walked into the middle of the street on a red light.

It would seem that the women reached the middle of the street either against the red light corresponding to the green light on which the truck was traveling or had reached this point on the tail end of a previous green light. I am unable to throw any light on the question of whether the women stepped into the path of the truck at a time when it was too late for the truck driver to swerve and avoid striking them or whether the truck veered to the left and struck them where they stood during the passing of preceding vehicles ahead of the truck. From the manner in which the truck stopped, and which I observed, I would conclude that the truck did not execute the sharp swerve which would be necessary to take the same from a point to the left of the middle of Seventh Avenue at Twenty-fifth Street to the west curb line on Seventh Avenue, 35 feet from the nearest Twenty-fifth Street corner.

"Summarizing, the immediate cause of the accident probably resulted from: (1) The pedestrians stepped into the path of the truck at a time when there was insufficient opportunity for the driver to avoid them, or (2) the pedestrians were stationary at the moment of impact and the driver should have seen them but did not. This witness is unable to give any facts as to the correctness of either the first or the second of these possible situations. In the absence of such facts, it would appear that this accident was unavoidable."

Miss Thorne stated:

"While crossing the northwest corner of Twenty-fifth Street to the east, my companion, Ida Londinsky was struck by an Army truck going south on Seventh Avenue. The truck knocked her against me causing me to fall, hurting my back and knee. We both had gotten to the center line, and neither saw the truck coming."

The Army driver was arrested by a New York patrolman on a charge of homicide by motor vehicle. A hearing was held at the city magistrate's court, Borough of Manhattan, New York City, on November 20, 1942, and the charge was dismissed. There was no coroner's inquest.

No claim has been filed with the War Department growing out of this accident,

Miss Londinsky was 46 years of age at the time of her death, was unmarried, and left surviving her the following persons, none of whom was dependent upon her for support: Sam Londinsky, brother, age 57 years; Israel Londinsky, brother, age 55 years; Abraham Londinsky, brother, age 44 years; and Jennie Rubin, sister, age 41 years.

It appears that the following expenses were incurred as a result of the injury and death of Miss Londinsky: Hospital bill

$35. 75 Cemetery plot---

275. 00 Funeral director...

69. 50

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Memorial services.-
Stone monument.

$36.00 293. 91

Total...

710. 16 It is the view of the War Department that the evidence fairly establishes that the proximate cause of the accident was the negligence of Miss Londinsky and Miss Thorne in proceeding into the intersection against a red traffic light and into the path of the Government vehicle which was crossing the intersection with the green light in its favor. The evidence of record does not disclose any fault or negligence on the part of the Government driver either in causing or contributing to the accident, and, therefore, under the circumstances existing, the War Department, while deeply regretting this tragic occurrence, is constrained to recommend that favorable consideration be not given to the proposed legislation.

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 Elsie THORNE In the matter of the claim for compensation for the death of Ida Londinsky,

deceased STATE OF NEW YORK,

County of New York, 88: Elsie Thorne, being duly sworn, deposes and says that she resides at No. 2512 Seventh Avenue, in the Borough of Manhattan, city and county of New York. On and before November 18, 1942, deponent was employed by the Lonbro Dress Co., at 159 West Twenty-fifth Street, New York City, which address is on the north side of the street, between Sixth and Seventh Avenues.

On November 18, 1942, she left her home in order to go to her said place of employment. At about 9 o'clock in the morning, or shortly thereafter, she arrived at the northwest corner of Seventh Avenue and Twenty-fifth Street. It had been raining and the sidewalks and roadways were wet. As she, accompanied by Ida Londinsky, prepared to cross the intersection, from the northwest to the northeast corner, she looked in a northerly direction. Seeing no approaching vehicle, she stepped into the roadway of Seventh Avenue, the said Ida Londinsky on her right. She walked with her in that manner to about the center line of Seventh Avenue where they came to a stop. Deponent thereupon looked in a southerly direction, past the said Ida Londinsky. As she did, she observed that traffic at about Twenty-third Street was starting to move in a northerly direction. The nearest vehicle coming north, being a distance of about two blocks away, deponent and the said Ida Londinsky started to go across the easterly half of Seventh Avenue. Suddenly and without any notice or warning sound, after deponent and her companion had taken about one step eastwardly, deponent was struck violently on her left side and thrown to the ground by a United States Army truck which, she Was subsequently informed, had been proceeding in a southerly direction, and, upon nearing the intersection of Seventh Avenue and Twenty-fifth Street, had swerved to the left of a United States mail truck which was proceeding in a similar direction, along a line about in the middle of the roadway of Seventh Avenue. When deponent regained consciousness, she saw her companion, Ida Londinsky, at a point at about the center of Seventh Avenue and about on a line with the southerly curbstones of Twenty-fifth Street.

ELSIE THORNE. Sworn to before me this 22d day of March 1943. SEAL)

Max GREENFIELD, Notary Public. Commission expires March 30, 1944.

ST. VINCENT'S HOSPITAL

LIABILITY DEPARTMENT
Eleventh Street and Seventh Avenue

NEW YORK, March 31, 1943.
Services rendered to Ida Londinsky (deceased), 1050 Findlay Avenue, Bronx,
N. Y.:
Nov. 18, 1942, board, 1 day, at $5.75..

5. 75 Special medicine T. A. T. gas gangrene.

5. 00 Oxygen and equipment.

5. 00 Ambulance service for New York City

10. 00 Continuous intravenous_

10. 00

35. 75

Total...
Received payment, April 2, 1943.

COVENANTED BRETHREN OF SEMIATITZ,

New York, April 5, 1943. Received from Jennie Londinsky Rubin and Sam Londinsky for grave for Ida Londinsky, on October 25, 1942, a deposit of $25 and balance of $250 on November 28, 1942, Grave to be on Mount Hebron Cemetery, The above is now paid in full in accordance with the society's record.

H. ABRAMSON, Secretary. 210 Division Avenue, Brooklyn, N. Y.

New York City,

November 19, 1942. Morris Aarons, licensed funeral director, to Jennie Rubin, for funeral of Ida Londinsky, $69.56. Paid.

M. AARONS.

HOME OF THE SAGES OF ISRAEL,

New York City, April 1, 1943. To Whom It May Concern:

We have received $36 from Jennie Rubin, sister of Ida Londinsky, for the Kaddish and Chevra Mishnayes tablet upon which her name is inscribed. Her yahrzeit will be kept here perpetually.

HOME OF THE SA ES OF ISRAEL,
M. Z. MARGOLIES,
RABBỊ M. Z. MARGOLIES,

Executive Director and Secretary.

RIVERSIDE MONUMENT WORKS,

New York, April 2, 1943. To Mrs. JENNIE RUBIN, Bronx, N. Y.: Stone eternal granite monument for Ida Londinsky

$261. 00 Bed-und

30. 00

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STENOGRAPHER'S MINUTES, CITY MAGISTRATES' COURT OF THE CITY OF NEW

YORK HOMICIDE COURT, BOROUGH or MANHATTAN The people of the State of New York on the complaint of Leonard W. Gould, Police Officer versus John Baker, Defendant. Docket No. 971. Charger Homicide (truck).

Examination held on December 18, 1942, before Hon. Charles G. Keutgen, city magistrate.

Appearances: For the People: Eleazar Lipsky, Esq., deputy assistant distriot attorney. For the defense: Capt. George R. Hise, "Judge Advocate General's office, Governor's Island, N. Y. Abraham Spinrad, official court stenographer.

Deceased: Ida Londinsky, age 35 years, 1068 Findlay_Avenue, Bronx, N. Y.

Appearing on behalf of family of deceased: William F. X. Geoghan, 'Esq. (by & representative,) 32 Court Street, Brooklyn, N. Y.

Member of family present: Jennie Rubin, residing at 1068 Findlay Avenue, Bronx, N. Y., sister of deceased.

The prosecution and defense were ready to proceed. Captain Hise. If the court pleases, if you excuse me, I am not too familiar with the New York procedure. I come from Massachusetts and I have been stationed at Governor's Island only about 10 days. I have discussed this matter with Mr. Lipsky and I would like to call the court's attention to this fact: I have two rather important witnesses for Private Baker. One of them is a sergeant in his outfit; the sergeant was riding in the car with Private Baker.

The Court. From what you say, Captain, I think I can obviate the difficulty in this way. This is only a preliminary hearing.

Captain Hi8E. I appreciate that, sir.
The Court. At which normally nothing is listened to except the people's caso.
Captain HisE. I see, sir.

The Court. Now it is true that under the law the defendant has a right to make an unsworn statement and he has the right to call witnesses, but that privilege is very rarely availed of. Captain Hise. Well

, with that explanation—I thank Your Honor for it and I am ready to proceed. My only idea in calling Your Honor's attention to that

The Court. Remember, I don't determine finally any questions of fact. All I determine is whether or not the defendant should be held for the action of the grand jury.

Captain HISE. All right, sir. Ready to proceed.

The DISTRICT ATTORNEY. Now, counselor, will you stipulate that if the medical examiner were called he would testify that the deceased met her death as the result of an automobile accident? For the purpose of this hearing only.

DEFENDANT'S COUNSEL (Captain Hise). It is so stipulated. The DISTRICT ATTORNEY. And will you further stipulate that the evidence taken on this short affidavit may be the basis of any complaint which the magistrate may order?

DEFENDANT'S COUNSEL. May I see the affidavit? (Affidavit was handed to counsel.)

DEFENDANT'S COUNSEL. It is so stipulated.

Elsie Thorn, residing at 2512 Seventh Avenue, New York City, called on behalf of the People, being duly sworn testified as follows:

Direct examination by the DISTRICT ATTORNEY:
Q. Madam, do you remember this 18th day of November 1942?–A. Yes.

Q. Were you on that day in the vicinity of Seventh Avenue and Twenty-fifth Street, in the County of New York, about 9:20 in the morning?-A. Yes.

Q. And were you with Mrs. Londinsky?--A. Yes.
Q. How long have you known her?-X. Well, I worked at the same place.

Q. You have been working for her or with her?--A. No; I worked in the same place, in the shop.

Q. Now at that time did you see an accident take place?-A. I was in the accident.

Q. Were you walking along with Mrs. Londinsky?—A. I was crossing the street. Q. What street were you crossing?—A. Twenty-fifth Street and Seventh Avenue.

Q. And which way were you going?-A. I was going east on Twenty-fifth Street. Q. Then did you come to Seventh Avenue?-A. Yes.

H. Repts., 78–2, vol. 3

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