APRIL 3 (legislative day, MARCH 4), 1940.-Ordered to be printed Mr. SCHWARTZ, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4436] The Committee on Claims, to whom was referred the bill (H. R. 4436) for the relief of Robert Faughnan, a minor, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. This bill provides for payment to the legal guardian of Robert Faughnan, a minor, of Jamaica, N. Y., the sum of $2,500 in full settlement of all claims against the United States Government on account of permanent injuries received by the said Robert Faughnan, when struck by a United States mail truck on March 5, 1932, about 5 o'clock postmeridian, at Springfield Boulevard near Sheffield Avenue, Springfield, Queens County, N. Y. This bill was favorably reported from the House Committee on Claims and passed the House March 5, 1940. On the above date the Government truck was proceeding north on Springfield Boulevard in Queens County, N. Y. Robert Faughnan, who was playing with other boys in a vacant lot near the street, started to run across the street. To avoid being struck by a gasoline truck moving south, he turned around and started back and was hit by the Government vehicle. Evidence in the record indicates the skid marks made by the mail truck before and after the accident were from 50 to 60 feet long. As a result of the accident Robert Faughnan, then 7 years old, suffered contusions over the right mastoid region, abrasions and contusions of the left leg, and a fracture of the left femur. The fracture resulted in a permanent shortening of Robert's leg about 11⁄2 inches. The boy was confined to his bed about 10 weeks and to his home about 4 weeks after that. Hospital and medical expenses incurred as a result of Robert's injury total $508.50. In his report on H. R. 4436, the executive assistant to the Postmaster General states the Department would not be justified in recommending favorable action on the bill. The New York city ordinances covering Springfield provide that no person shall operate a vehicle negligently or recklessly or at a speed so as to endanger or be likely to endanger any person or property. A speed exceeding 12 miles an hour for commercial vehicles constitutes prima facie evidence of prohibited rate of speed; a speed of over 18 miles an hour is prohibited and constitutes a violation of the ordinance; a rate of speed exceeding 22 miles per hour for such vehicles on a public highway which passes through country or outlying sections that are substantially undeveloped and sparsely settled shall constitute a prohibited rate of speed and manner of driving, and violation of the ordinance. Interstate Commerce Commission charts of braking distances indicate a vehicle equipped with only fair brakes proceeding at 20 miles an hour stops within 30 feet, and a similar vehicle proceeding at 30 miles an hour stops within 67 feet. Since the Government mail truck here required between 50 and 60 feet to stop, it appears the Government driver was proceeding at a prohibited and negligent rate of speed. In Camardo v. New York State Rys. (247 N. Y. 111), the New York Court of Appeals held that: The only rule that can safely be drawn from the decisions of this State (New York) is that a recovery may be had for injuries inflicted upon a child by the negligence of another only where an inference may be drawn from the evidence presented in the particular case that no failure on the part of the child to exercise the care which might reasonably be expected of a child of equal age and capacity contributed to the injury. In Fritsch v. New York and Q. C. Railway Company (87 N. Y. S. 942, 93 App. Div. 554), the court held the age of a boy 71⁄2 years old was such "the jury were at liberty to find he was not chargeable with contributory negligence," and a verdict of $2,500 for the boy's death was upheld. In Hebert v. Hudson River Electric Company (120 N. Y. S. 672, 136 App. Div. 107), the court held that, "The plaintiff being a child of 8 years was presumed to be non sui juris, and the question of his contributory negligence was also for the jury.' The report of the House committee is appended hereto and made a part of this report. [H. Rept. No. 1549, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 4436) for the relief of Robert Faughnan, a minor, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, lines 5 and 6, strike out the language "Gladys Faughnan Holden, guardian," and insert in lieu thereof "the legal guardian of Robert Faughnan, a minor, of Jamaica, New York." Page 1, line 6, strike out the sign and figures “$5,000” and insert in lieu thereof "$2,500." Page 1, at the end of line 6, add the word "all". Page 1, line 7, add an "s" to the word "claim". Page 1, line 8, strike out the words "her son" and insert "the said". Page 1, beginning with the word "Provided" in line 12, strike out the remaining language of the bill and insert in lieu thereof: "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.' Amend the title of the bill to read: "A bill for the relief of Robert Faughnan, a minor." A similar bill was favorably reported by this committee in the Seventy-fourth Congress, and the facts are fully set forth in House Report No. 1153, Ševentyfourth Congress, first session. This report is appended hereto and made a part hereof. [H. Rept. No. 1153, 74th Cong., 1st sess.] STATEMENT OF FACTS This bill proposes compensation for injuries sustained by Robert Faughnan, a minor, when he was hit and run over by an autmobile truck owned by the Post Office Department and operated by an employee of the United States Government in the Postal Service. There is no question of the character of the injury nor that the injury resulted in a permanent disability. The evidence before the committee shows that the marks left on the roadway establish the minimum distance traversed by the truck after brakes were applied by the operator of the truck was considerably greater than should have been the case if the speed of the truck was at the rate sworn to by the operator, according to standards established as the distance in which trucks should be able to reach a full stop at different speeds after application of brakes. This in itself indicates negligent operation of the truck at time of the injury, especially when the injured person was only an 8-year-old boy. The claimant has presented bills for approximately $500, exclusive of any damages, and it is believed that $2,500 is a fair settlement of the claim for injuries sustained by Robert Faughnan. There is attached hereto, to be made a part of this report, the report of the Post Office Department, with inspector's report, and several affidavits, which fully set forth the facts. Hon. LORING M. BLACK, POST OFFICE DEPARTMENT, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. BLACK: In compliance with the request of your committee dated April 24, 1933, there are transmitted herewith for consideration with H. R. 5099 all papers on file in the Department relating to the claim of Mrs. Gladys E. Faughnan in the sum of $5,000 for injuries sustained by her son, Robert Faughnan, in an accident involving a United States mail truck, which occurred at Jamaica, N. Y., on March 5, 1932. The evidence disclosed in the investigation of this case shows that claimant's 8-year old son was playing in the street with another boy; that the injured boy started to cross the street but stopped to avoid colliding with a south-bound oil truck, turned around and ran into the left front fender of the north-bound mail truck. As a result of the impact, the boy fell down and the left rear wheel of the mail truck ran over his leg, breaking same. This version is supported by the two disinterested witnesses to the accident, both of whom had a good opportunity to observe the accident as they were riding in a car which was following the southbound truck. These witnesses also stated that the mail truck was traveling slowly and swerved to the right to avoid colliding with the boy and that the boy was responsible for the accident. In consideration of the facts set forth above, the Department would not be justified in recommending favorable action with reference to this bill. By direction of the Postmaster General. Very truly yours, Subject: Jamaica, N. Y., accident March 5, 1932, involving United States mail truck No. 15730, resulting in personal injury to Robert Faughnan. The INSPECTOR IN CHARGE, New York, N. Y. 1. This case relates to an accident at Jamaica, N. Y., on March 5, 1932, wherein Robert Faughnan, 145-52 Two Hundred and Twentieth Street, Springfield Gardens, Jamaica, N. Y., was injured by United States mail truck No. 15730, and |