SOUTH POSTAL Annex, PARCEL POST DIVISION, Mr. JOHN A. MCMAHON, MY DEAR SIR: Referring to an accident on July 9, 1940, involving Government-owned mail truck No. 18278, operated by me, and two other vehicles,_a taxicab owned by the Fenway Taxicab Co., also a taxicab owned by the Y. D. Taxicab Co., I wish to state that I have been served with two writs in amounts totaling $1,300, said writs returnable in Boston Municipal Court on Saturday, March 1, 1941, in an action of tort, involving personal injuries alleged by one of the plaintiffs and property damage by the other, said accident having occurred while I was performing my duties as a letter carrier, Parcel Post Service. I have been informed that the Postmaster's recommendation stated that there was divided responsibility, therefore that I am not entitled to be represented by a United States attorney in my defense. I herewith request that a United States attorney be assigned to my defense in view of the fact that this case, in my opinion, and that of my advisers, would come under the "Squib" case precedent (Scott v. Shepherd, 2 William Blackstone, 892, October 28, 1770, Milbourne Post, England); also, that there are many American legal precedents as shown in "Words and Phrases" Permanent edition, volume 34 Pro-Proximo, an edition published by West Publishing Co., St. Paul, being contained in the Federal judges library, United States circuit court of appeals. As an example, I quote: "Proximate cause is not last act or cause or nearest act to injury, but such act, wanting in ordinary care, as actively aided in producing injury as direct and existing cause thereof." Wright v. Southern Ry. Co. (GA. App. 7 SE. 2d 793, 796, 797)." In my accident, I was proceeding northerly on Federal Street, Boston, with due care, rainy conditions prevailing. A taxicab which had been parked at right curb as I approached, suddenly and without warning, pulled into the roadway in my path when I was too close to do aught but turn away from him toward the left and then was involved in a second collision with another taxicab coming in opposite direction, operator of which did nothing to avoid a collision, although in my opinion he had time to stop. Permit me also to quote Commonwealth of Massachusetts traffic regulations in connection with starting movements: Last issue of State motor law book is 1935, chapter 89, general laws, page 161, section 11: "The driver of any vehicle before starting, stopping, turning from a direct line, or backing, shall first see that such movement cannot be made in safety, or if it interferes unduly with the normal movement of other traffic, said driver shall wait for a more favorable opportunity to make such movement. If the operator of another vehicle should be affected by a stopping or turning movement the driver of such other vehicle shall be given a plainly visible signal, as required by the following section: "SEC. 12. Any signal herein required shall be given sufficient time in advance of the movement indicated to give ample warning to any person who may be affected, by said movement, and shall be given either by hand and arm in the manner specified, or by a suitable mechanical or electrical device or devices, approved by the department," etc. I may add that the above section 11 is also contained in the Boston Traffic Regulations, last issue, 1935, page 66, section 32. In view of the above facts and authority, I respectfully request that a United States attorney be assigned to my defense, also, that if any delay be occasioned pending review of the case prior to assignment of defense attorney, that a temporary assignment be granted so that an answer may be filed on Saturday next, March 1, that a default not be registered against me. Very respectfully yours, 2d Session No. 1535 JOHN J. BEATON MAY 29, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. CHENOWETH, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2845] The Committee on Claims, to whom was referred the bill (H. R 2845) for the relief of John J. Beaton, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: At the end of the bill, strike out the period and insert the following: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. The purpose of the proposed legislation is to appropriate the sum of $2,073.19 to John J. Beaton, of Wareham, Mass., in full settlement of all claims against the United States for damage to the grounds and dwelling on Chapel Street, Wareham, Mass., and damage to, and destruction of, certain personal property caused by a United States Army truck on March 12, 1942. STATEMENT OF FACTS It appears that on March 12, 1942, at about 12:45 a. m., an Army 22-ton truck, operated by an enlisted man on official business, was traveling in a westerly direction on Chapel Street in Wareham, Mass., at a speed variously estimated at from 25 to 38 miles per hour. The weather was clear and the street was paved and smooth. While rounding a left-hand curve near the intersection of Chapel and Main Streets a dog ran across the street in front of the truck. In order to avoid striking the dog the Army driver swerved to the left, and while executing such movement he observed an automobile approaching from the rear which was about to pass on his left. The Army driver then swerved his truck sharply to the right in order to avoid a collision with the passing automobile. In executing this movement the right front wheel of the truck struck the curb. The force of the impact caused the Army driver to lose control of his machine, and it passed over the sidewalk and plunged into the residence of John J. Beaton located at 8 Chapel Street, in Wareham. There is no dispute as to the facts relating to this accident. The War Department in its report states that the evidence fairly establishes that the accident and resulting damage to the property of Mr. Beaton were due solely to the negligence of the Army driver in failing to maintain proper control of his truck. The War Department feels that Mr. Beaton should be compensated for the damages sustained by him. The estimated damages sustained by him total $2,073.19. The War Department recommends compensation in that amount. Your committee concurs in the recommendation of the War Department. Therefore, your committee recommends that the bill be favorably considered. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. DAN R. McGEHEE, WAR DEPARTMENT, Washington, D. C., March 2, 1944. House of Representatives, Washington, D. C. DEAR MR. MCGEHEE: The War Department interposes no objection to the enactment of H. R. 2845, Seventy-eighth Congress, which would authorize and direct the Secretary of the Treasury to pay to John J. Beaton, Wareham, Mass., the sum of $2,073.19 * * in full settlement of all claims against the United States for damage to the grounds and dwelling of the said John J. Beaton on Chapel Street, Wareham, Mass., and damage to, and destruction of, certain personal property of the said John J. Beaton, caused on March 12, 1942, by a United States Army truck. There is no dispute as to the facts relating to this accident. On March 12, 1942, at about 12:45 a. m., an Army 22-ton truck, operated by an enlisted man on official business, was traveling in a westerly direction on Chapel Street in Wareham, Mass., at a speed variously estimated at from 25 to 38 miles per hour. The weather was clear and the street was paved and smooth. While rounding a lefthand curve near the intersection of Chapel and Main Streets a dog ran across the street in front of the truck. In order to avoid striking the dog the Army driver swerved to the left, and while executing such movement he observed an automobile approaching from the rear which was about to pass on his left. The Army driver then swerved his truck sharply to the right in order to avoid a collision with the passing automobile. In executing the latter movement the right front wheel of the truck struck the curb. The force of the impact caused the Army driver to lose control of his machine, and it passed over the sidewalk and plunged into the residence of John J. Beaton located at 8 Chapel Street in Wareham. As the result of the accident the Army truck was damaged to the extent of $152.13, Mr. Beaton's residence and grounds were extensively damaged, various articles of personal property in the residence were demolished, and other articles were damaged. The Army driver in a statement to the claims officer said: "We were traveling about 35 to 38 miles per hour along the highway. There was a slight curve and I slowed to 25 to 28 miles per hour. When I came to the wheel curve, a dog came across my path. To avoid hitting the dog, I swung my to the left, being quite sure that there was no one going to pass me. The dog got about three-fourths of the way across the road before I pulled my wheel real sharp to the left. Then I saw a flash of lights and I figured it was a truck or car going to pass me. He couldn't see the dog and he didn't know what I was doing. lights chased me to the right and I hit the curb and the wheel spun out of my hand. I pressed on the brakes at that time to no avail-it was too late." Another enlisted man who was riding in the cab of the Army truck at the time of the accident in a statement dated March 17, 1942, said: His "The driver did not know the road very well and was keeping his speed down, The first thing I knew of anything wrong was when the truck seemed to pull quickly to the right. I was talking to the driver at that time and looked up to see what was happening. I saw lights coming up upon our left very fast and a civilian truck passed us going very fast. The civilian truck was very close to us and looked as if it might scrape us. Pvt. * the (Army) driver pulled more to the right and the next thing I knew we were headed for a sign on the side of the road. After that, I don't remember very much except that we seemed to be flying through the air and there was an awful lot of noise and then we hit something. "I was jostled all around in the cab and got out as soon as the truck stopped. * * The driver said that he saw a dog on the right and it took his eye off the 10ad for a second and when he looked up he found the civilian truck trying to pass him. "The people in the house telephoned for the police and the chief of police came up, we told him what had happened and he took our names. We were traveling about 25 to 30 miles an hour during the entire trip.' Policemen Chester H. Morse made the following report of the accident on March 12, 1943: * * * 66* * * (the Army driver) stated that he was the operator of the truck involved in the accident and he also stated that he left Fall River and drove through New Bedford and made no stops. (the Army driver) stated that he left Fall River at 11:10 p. m. and his speed was about 25 miles per hour. The other side of the bend. * * * (the Army driver) stated that a dog ran across the road and he pulled the steering wheel to his left and then he saw a light from his left rear and a truck passed him going in the same direction and he said he then pulled the steering wheel to his right and the front wheels struck the curbing and the steering wheel went out of his hands and the truck continued over the sidewalk and struck a house and the truck stopped when it struck a tree. * * * "Damage to Beaton's house and furniture as truck ripped open the north side of Beaton's house and threw furniture about. "Corp. * * * and the operator * * * both stated after they talked with several soldiers that no one claimed any injuries." The claims officer in his report stated: "Government truck * * * left a broad street, climbed a curb and entered real property of claimant (John J. Beaton). It tore down two cement traffic signs, four steel railing supports, 50 feet of high privet hedge, and then struck the well-furnished home of a well-to-do citizen. It wrecked a sitting room and destroyed much personal property, knocked down porch posts and railing, and finally came to rest against a tree 30 feet beyond the house. The driver states he was avoiding a do; but whatever the original cause, he lost control and was unable to stop the truck for at least 50 yards, and then only when it struck a tree too large to uproot." After a careful investigation the claims officer found that the total damage sustained by Mr. Beaton as a result of this accident was $2,073.19 (the amount stated in H. R. 2845), which he itemized as follows: Estimated damage in guest room (cracks in wall and ceiling). 40. 00 Cost of cleaning rugs. Estimated cost of staining and painting on outside of house.. 55.00 10. 00 25.00 10. 00 2.50 12.80 15. 20 100. 00 800. 00 50.00 2, 073. 19 |