APRIL 18 (legislative day, APRIL 8), 1940.-Ordered to be printed

Mr. HUGHES, from the Committee on Claims, submitted the following

REPORT

[To accompany S. 3555]

The Committee on Claims, to whom was referred the bill (S. 3555) for the relief of Walter Chwalek, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendments:

On page 1, line 5, after the name "Chwalek" insert "of Oswego, New York,".

On page 1, lines 6 and 7, strike out the words "his claim against the Government" and insert in lieu thereof "all claims against the United States".

On page 1, line 9, after the word "Army" insert "on August 24, 1937:"

The facts are fully set forth in House Report No. 1877, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

[H. Rept. No. 1877, 76th Cong., 3d sess.]

The Committee on Claims, to whom was referred the bill (H. R. 7173) for the relief of Walter Chwalek, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass.

The amendments are as follows:

Line 3, strike out the word "is" and insert in lieu thereof "be, and he is hereby,". Line 5, after the name "Chwalek" insert a comma and add "of Oswego, New York,".

Line 6, strike out the language "his claim against the Government" and insert in lieu thereof "all claims against the United States".

Line 9, strike out the colon after the word "Army", insert a comma, and the language "on August 24, 1937:".

The

purpose of the proposed legislation is to pay to Walter Chwalek, of Oswego, N. Y., the sum of $2,938.50 in full settlement of all claims against the United States as a result of his receiving personal and property damage when his automobile was struck by a truck in the service of the United States Army.

STATEMENT OF FACTS

At about 2 o'clock on the afternoon of August 24, 1937, an Army truck on official business, but driven by a soldier who did not have a driver's permit, was

traveling on Third Street in Oswego, N. Y., and approaching the intersection of that street with Utica Street. There is some confusion as to the direction in which the drivers of the two vehicles involved were proceeding. The War Department states that the Government truck was proceeding south on Third Street and the private vehicle was proceeding west on Utica Street. It is stated, however, by Mr. Chwalek, the claimant, and by Miss Catherine Meehan, a witness to the accident, that the Government truck was traveling north on Third Street and the private car was traveling east on Utica Street. The exact directions are immaterial, inasmuch as according to all parties involved the claimant was traveling on Utica Street and the Government driver approached from the right on Third Street.

Utica is a through street, and is protected by a "stop" sign posted against traffic on Third Street. It is mentioned in the War Department's report that the Government driver brought his vehicle to a stop before entering this intersection, but it is contended by the claimant and the witness that this is not true. The Department admits, however, that the Government driver entered the intersection "without due regard to traffic on the through street." The Government truck struck the right side of Mr. Chwalek's car, damaging the vehicle to a considerable extent, and causing him serious personal injuries.

Dr. M. J. McGrath, of Oswego, N. Y., one of the physicians who attended Mr. Chwalek, made the following statement with reference to the injuries sustained by the man as a result of this accident:

STATE OF NEW YORK,

County of Oswego, ss:

OSWEGO, N. Y., April 14, 1939.

Report: Re Walter Chwalek, 308 West Eighth Street, Oswego, N. Y.
Mr. Chwalek was injured on August 24, 1937, at the corner of East Third and
Utica Streets, by being struck by a United States Coast Artillery truck which
completely turned patient's car over.

Mr. Chwalek was rendered unconscious for some minutes and later a semiconscious state existed. At first he was removed to my office, and later he was taken to the office of Dr. H. M. Wallace where X-ray pictures were taken of the head, spine, and upper and lower extremities.

Objective signs were a laceration of the scalp, on the upper side; a large lump on the forehead in the midline; unable to walk; and an examination of the left eye showed hemorrhages in the sclera; there was a marked tenderness of the entire spine.

Subjective symptoms were that Mr. Chwalek complained of a severe pain in the head; he was unable to walk; some dizziness.

Mr. Chwalek was removed from Dr. Wallace's office to the Oswego City Hospital where he was confined for a period of 18 days from which place he was removed home. At home he remained 1 month in bed. Mr. Chwalek was examined by Dr. Joseph Riley, who found a scar, and hemorrhages. Later examination by Dr. Riley showed a marked loss of vision.

Mr. Chwalek, since the accident, walks with a marked limp, the cause of which is due to a spinal injury resulting from the accident. He complains of dizziness at times, and is unable to walk any distance due to a pain in his back. He has suffered loss of weight and appetite and has been unable to sleep regularly at night. Mr. Chwalek has been under my care since the time of the accident and it is my opinion that such injuries are of a permanent nature.

Sworn to before me this 14th day of April 1939. [SEAL]

M. J. MCGRATH, M. D.

RICHARD C. MITCHELL, Notary Public of Oswego County.

Mr. Chwalek has submitted notarized bills to the committee showing his medical and hospital expenses to be $499. In addition to this, as before mentioned, Mr. Chwalek's car was seriously damaged, and a notarized estimate of the cost of repairs amounting to $439.40 will be hereafter appended.

The War Department has no objection to the enactment of the proposed legislation, and that Department's report reads in part as follows:

"The accident was investigated and after careful consideration and review of the facts in the case, it has been determined that the evidence of record fails to establish that the accident was due to any negligence on the part of Mr. Chwalek. On the contrary, the weight of evidence in the view of the War Department indicates that the proximate cause of the accident was the negligence of the Government driver in that he failed to yield Mr. Chwalek's car the right-of-way to which it was entitled as a vehicle traveling on a through highway and which constituted

a traffic hazard that should have been observed and heeded by the Government driver.

"It appears from the above that Mr. Chwalek has suffered personal injuries and property damage through the negligence of the driver of the Government vehicle for which he has not been compensated. While the War Department is not prepared to determine the precise degree of the injuries sustained or the amount of the property damage, it will interpose no objection to the enactment of legislation to compensate Mr. Chwalek for personal injuries and property damage in such amount as the Congress, in its discretion, may deem proper to allow."

In as much as it has been shown that Mr. Chwalek's actual expenses amounted to $938.40 and in view of the fact he has suffered serious permanent injury, your committee recommends passage of the bill in the amount of $2,938.50. Appended hereto is the report of the War Department, together with other pertinent evidence.

Hon. AMBROSE J. KENNEDY,

WAR DEPARTMENT, Washington, August 9, 1939.

Committee on Claims, House of Representatives, Washington, D. C.

DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 7173, Seventy-sixth Congress, first session, for the relief of Walter Chwalek, which you transmitted to the War Department under date of July 18, 1939, with request for information and the views of the Department relative thereto.

The purpose of the proposed legislation is to pay to Walter Chwalek the sum of $2,938.50 in full settlement of his claim against the United States on account of personal injuries and property damage suffered by him when his automobile was struck by an Army truck.

On August 24, 1937, at about 2 p. m., an Army truck on official business, but driven by a soldier who did not have a driver's permit, was proceeding south on Third Street, in Oswego, N. Y. On arriving at the intersection of Third Street and Utica Street, which latter street is a through street protected by a "stop" sign posted against traffic on Third Street, the Government driver came to a full stop beside another car and then entered the intersection without due regard to traffic on the through street, the approach of which traffic was observed by the Government driver and a passenger in the Government vehicle. At this moment a car owned and driven by Walter Chwalek, westbound on Utica Street, entered the same intersection, at what is said by witnesses in the Government truck to be a high rate of speed, although its specific rate of speed is not testified to. There is also testimony by Mr. Chwalek that he was proceeding slowly and that the Government vehicle came rapidly into the intersection. The two vehicles collided, causing the injuries and property damage complained of. The visability was excellent, the roadway paved and dry, and the weather clear.

No claim has been presented to the War Department arising out of this accident, and there is, therefore, no record in the Department of the nature of the injuries suffered by Mr. Chwalek. An estimate of cost of repairs to Mr. Chwalek's car, a 1935 Ford coach, in the amount of $437.50, is of record in the case.

The accident was investigated and after careful consideration and review of the facts in the case, it has been determined that the evidence of record fails to establish that the accident was due to any negligence on the part of Mr. Chwalek, On the contrary, the weight of evidence in the view of the War Department indicates that the proximate cause of the accident was the negligence of the Government driver in that he failed to yield to Mr. Chwalek's car the right-of-way to which it was entitled as a vehicle traveling on a through highway and which constituted a traffic hazard that should have been observed and heeded by the Government driver.

It appears from the above that Mr. Chwalek has suffered personal injuries and property damage through the negligence of the driver of the Government vehicle for which he has not been compensated. While the War Department is not prepared to determine the precise degree of the injuries sustained or the amount of the property damage, it will interpose no objection to the enactment of legislation to compensate Mr. Chwalek for personal injuries and property damage in such amount as the Congress, in its discretion, may deem proper to allow.

Sincerely yours,

LOUIS JOHNSON, Acting Secretary of War.

4

STATE OF NEW YORK,

County of Oswego, City of Oswego, 88:

Walter Chwalek, being duly sworn, deposes and says that he lives at 308 West Eighth Street in the city of Oswego, N. Y.; that on the 24th day of August, 1937, he was proceeding in an easterly direction on East Utica Street, driving his 1935 Ford coach automobile; that as he approached the intersection of the said East Utica Street with East Third Street, a large United States Coast Artillery truck approached this intersection from the right, proceeding in a northerly direction. That this truck was proceeding at a speed of from 40 to 45 miles per hour; that it proceeded at that speed directly into the intersection without stopping for the stop sign located at the corner thereof, on Third Street. That this truck ran directly into the right middle of your deponent's automobile, with a hard impact, causing the deponent's car to swing around in the said intersection. The vehicles were locked together as a result of the collision.

The weather was clear and the roads were dry at the time of the collision. The accident happened about 1:30 p. m. on the said August 24, 1937.

The impact threw the deponent against the wheel and the windshield of his car. He hit his head on the left center with great force and as a result was completely knocked out. When consciousness returned the deponent was conscious of much pain in his right side, he was dizzy and weak: could not stand up. very stiff, with a cut in the knee. bones were broken. The left foot was cut in three places, but no His left leg was

Deponent was then taken into Dr. McGrath's office, from which place he was taken to the office of Dr. Wallace where he was X-rayed and treated. From Dr. Wallace's office he was removed to the Oswego Hospital where he remained for a period of 3 weeks.

As a further result of this accident, deponent received a bad cut on the back of his neck, from which there still remains a large scar which is visible above the collar. His neck still gets sore occasionally and at times it breaks open, for the reason that it became infected after the accident. scar is of a permanent nature. It now is healing up, but the

Since the accident the deponent has had dizzy spells and has had to obtain eyeglasses. He has suffered an impairment of his vision, particularly in the left eye. For this eye trouble he has been and is being treated by Dr. J. M. Riley of Oswego, N. Y. Deponent did not need or wear glasses before the accident, but has been compelled to wear them consistently since that time.

Deponent's left leg is still bothering him at this time, causing him to limp noticeably; the hip gets sore as does the leg below the knee. ponent to walk, and he tires quickly when he does walk. It is hard for de

I have read the above statement and it is true.
Dated: March 15, 1939.

Sworn to before me this 15th day of March 1939.
[SEAL]

WALTER J. CHWALEK.

JOSEPH P. Ross,

Notary Public of Oswego County.

STATE OF NEW YORK,

County of Franklin, City of Malone, ss:

Catherine Meehan, of Malone, N. Y., being duly sworn, deposes and says that she is employed by the New York State Department of Correction in the capacity of a probation examiner; that the territory in which she works includes the county of Oswego; that on the 24th of August 1937 she was in the city of Oswego in pursuance to her duties as such probation examiner, and was driving her Dodge coupe automobile in an easterly direction on East Utica Street in said city about 1:30 p. m. of that day, and was following and immediately to the rear of a Ford coach which she later has learned was driven by one Walter Chwalek; that her Dodge automobile was following some 45 feet to the rear of the Chwalek vehicle. That as she neared the intersection of East Third Street with the said East Utica Street, she noticed a large United States Coast Artillery truck approaching from the right on East Third Street at a speed of between 25 and 30 miles per hour. That this said truck continued on at that speed, without any slowing thereof, directly across the crosswalk and into the intersection, into East Utica Street, and ran directly into the right side of the Chwalek car, towards the rear thereof. That at this intersection there was a stop sign directing all vehicles proceeding in the direction of the United States truck, coming from Third Street into Utica Street, to stop before entering the said Utica Street, but that this truck