mine, and render judgment upon the claim of Edward Gray, Sr.; Edward Gray, Jr.; Bertha Mae Gray; Bertha Patmon; and Lindsay Gardner, all of the city of Hamtramck, Wayne County, Mich.

This bill would confer jurisdiction upon the United States District Court for the Eastern District of Michigan to hear, determine, and render judgment, as if the United States were suable in court, upon the claim of Edward Gray, Sr.; Edward Gray, Jr.; Bertha Mae Gray; Bertha Patmon; and Lindsay Gardner, all of the city of Hamtramck, Wayne County, Mich., against the United States for loss and damage sustained when the automobile of Edward Gray, Sr., was struck by a truck owned by the United States at Camp Custer Military Reservation, at the corner of Gallagher and Jacob Avenues in the city of Hamtramck, on the 28th day of June 1942. The bill further provides that "suit upon such claim may be instituted at any time within one year after the enactment of this Act, notwithstanding the lapse of time or any statute of limitations," and that "Proceedings for the determination of such claim, appeals therefrom, and payment of any judgment thereon, shall be in the same manner as in the cases over which such court has jurisdiction under the provisions of paragraph twentieth of section 24 of the Judicial Code, as amended."

On June 28, 1942, at about 1:20 p. m., an Army 22-ton truck, operated by an enlisted man on official business, was proceeding east on Jacob Avenue, approaching its intersection with Gallagher Avenue, in Hamtramck, Mich., at a speed estimated at from 25 to 30 miles per hour The Army truck in question was the second vehicle in a convoy, and was traveling at an interval of from 30 to 40 feet behind the leading truck. There appears to have been no traffic signal light controlling traffic at the intersection of Jacob Avenue with Gallagher Avenue. The convoy was being escorted through the city of Hamtramck by two motorcycle policemen of the Hamtramck Police Department who were blowing their sirens. One of the policemen was posted at the intersection, which is located in a heavily populated section of the city, to warn northbound traffic on Gallagher Avenue of the approach of the convoy, and had halted an unidentified civilian automobile. As the first Army truck in the convoy entered the intersection the policeman who had been posted at the intersection speeded east to halt traffic at the next intersection. At the same time a model 1941 Plymouth sedan, owned and operated by Edward Gray, Sr.. and in which his wife, Mrs. Susie Gray; his mother-in-law, Mrs. Bertha Patmon; his son, Edward Gray, Jr.; and his daughter, Miss Bertha Mae Gray; all of 3018 Miller Avenue, Hamtramck, and Mrs. Lindsey Gardner, of 8736 Cardoni Avenue, Hamtramck, were riding as passengers, was proceeding north on Gallagher Avenue, approaching the same intersection Chevrolet sedan pulled to the left and passed the stopped unidentified car and, without stopping at Jacob Avenue, increased its speed and entered the intersection a few seconds after the Army truck had entered it. The Army driver applied his brakes in an effort to avoid a collision, but the right front fender of his truck collided with the left front side of Mr. Gray's car, causing the civilian vehicle to veer to the northeast corner of the intersection and to crash into a tree.

The

As a result of the collision the civilian vehicle was damaged extensively, and Mr. Gray and his passengers sustained personal injuries. They were taken from the scene of the accident to the St Francis Hospital, in Hamtramck, where Edward Gray, Sr., remained until July 6, 1942, Edward Gray, Jr. remained until July 24, 1942, and Mrs. Bertha Patmon remained until July 9, 1942. Mrs. Susie Gray, Miss Bertha Mae Gray, and Mrs. Lindsey Gardner, having sustained only minor injuries as a result of the accident, were given first-aid treatment and discharged on the day of the accident.

Edward Gray, Sr., submitted the following affidavit on June 28, 1942:

"I was traveling north on Gallagher Avenue at about 15 miles per hour looking for a place to park. I did not notice the trucks passing east on Jacob Avenue. I pulled through the intersection of Gallagher Avenue and Jacob Avenue and when I looked to my left the Army truck was on top of me. The next thing I remember I was in the hospital. This happened about 1:30 p. m. on the 28th day of June 1942. The weather was bright and the road in good condition.

"My left lower leg was broken in the accident. The following people were in my car: Susie Gray, Bertha Patmon, Bertha Gray, Edward Gray, Jr., L. J. Gardner, and myself."

In February 19, 1945, Edward Gray, Sr., submitted a second affidavit which stated in part as follows:

"That Gallagher Avenue is a stop street, and the truck did not stop at the stop street, and at an excessive rate of speed ran into this deponent's car, causing injury to your deponent and to the other passengers in his car."

The Army driver made the following sworn statement on June 28, 1942: "I was the second truck in the convoy which was being led by two motorcycle policemen. The policemen were blowing their sirens on their motorcycles. I was not more than one truck length behind the leading truck of the convoy. We were driving in closed column. The column speed was about 30 miles per hour. My truck was about one-fourth of the way into the intersection when the civilian car pulled in front of me. I stepped on my brakes and kept the brakes locked. I hit the civilian car with my right front fender and the right end of my front bumper, near the left front middle of the civilian car, turning my truck to the left. I believe that my front wheels were lifted up from the roadway by the civilian car, because after the accident I could see the rear tire marks on the pavement, but there were no marks for the front wheels. This happened about 1:30 p. m. on the 28th day of June 1942."

An eyewitness to the accident, Miss Helen Rakiec, 3131 Jacob Avenue, Hamtramck, made the following sworn statement on June 28, 1942:

"I heard the siren coming down the street so I ran to the window of my home to see what was approaching. It was an Army convoy led by a police escort. The policeman at the head of the column which was traveling east on Jacob Avenue stopped at the intersection of Jacob Avenue and Gallagher Avenue and waved the convoy through. After several trucks had passed the intersection he continued on with the convoy. The convoy was traveling about 25 to 30 miles per hour. A civilian car traveling north on Gallagher Avenue approached the above intersection. This car did not stop but tried to cut through the convoy. The next Army truck in the convoy struck the civilian car in about the middle with its right front fender. The driver of the Army truck seeing the car in its path tried to avoid hitting it by turning his truck to the right. The civilian car landed up on the sidewalk against a tree in front of my house and the Army truck landed on the sidewalk headed north on Gallagher Avenue. The weather was slightly cloudy and the road was in good condition."

Another eyewitness to the accident, Anthony Lempke, 3867 Belmont Avenue, Hamtramck, made the following sworn statement concerning this accident.

"I was within 20 feet of where the accident occurred. The time was about 1:15 in the afternoon. The police escort was going east with the convoy on Jacob Avenue. The sirens were blowing. There was a private car standing waiting for the convoy to clear. The car involved in the accident pulled out of line and started to cross Jacob Avenue. The car was traveling on Gallagher Avenue when he tried to break through the convoy. The driver of the Army vehicle tried to avoid hitting the car by swinging his vehicle to the left, and applying his brakes. The convoy, I would judge to be traveling not very fast because after the accident none of the vehicles had any difficulty in stopping within the distance of 30 feet, the interval in which the trucks were moving. While the driver of the car involved in the accident was in line waiting for the convoy to clear, a number of Army trucks went by. It was apparent that the driver of the car knew that the convoy was rolling by, and that he merely tried to get across because he was in a hurry. The driver of the civilian car didn't try to stop at all; he was trying to speed his vehicle out and across the street when he was hit. After the accident occurred the truck and the car were on the northeast corner of the intersection of Jacob and Gallagher Avenues. The civilian car knocked over a street sign and an 8-inch tree on Jacob Avenue after it was struck. I helped remove the injured persons from the car."

A third eyewitness to the accident, Felix Cendrowski, 3154 Jacob Avenue, Hamtramck, submitted the following affidavit dated June 28, 1942:

I was standing on the porch of my house about five houses from the corner of Jacob Avenue and Gallagher Avenue, watching the convoy pass east on Jacob Avenue. The convoy was traveling about 30 miles per hour under police escort but no officer that I know of was at the corner. The trucks were traveling about 40 feet apart and when I looked one truck had just passed the corner. The civilian car did not stop for the convoy and the Army truck hit the car in the center and threw it up against a tree which was on the sidewalk. The Army truck driver when he saw the car in his path tried to avoid it by turning to the left. The day was slightly cloudy and the road was in good condition. Four people in the civilian car were hurt."

The records of the War Department contain the following affidavit of Edward Gray, Sr., dated February 19, 1945:

"That at the time of said accident, the ages and occupations and earnings of the passengers of said car were as follows:

"Edward Gray, Sr., insurance agent, age 35 years, average weekly earnings $115.60; Edward Gray, Jr., age 9 years, unemployed, going to school; Bertha Mae Gray, age 12 years, unemployed, going to school; Bertha Patmon, age 53 years, housework, average, $18 a week; Lindsey Gardner, age 65 years, unemployed; Susie Gray, age 36 years, unemployed.

"That as a result of this accident Edward Gray, Sr., was disabled for a period of 13 weeks, and his average weekly commissions prior to this accident were $115.60, and during the period he was disabled as a result of the accident he was paid an average of $74.90 per week, over a period of 10 weeks, or a net loss in earnings to him of $753.80.

"Deponent further states that the following are his dependents: Susie Gray, wife, totally dependent; Bertha Mae Gray, daughter-is now under 15 years of age totally dependent; Edward Gray, Jr.-now 11 years of age-son-totally dependent; Bertha Patmon-59 years of age-mother-in-law-totally dependent. "Deponent further states that the amount of the medical and hospital expenses incurred by him as a result of his injuries in this accident is as follows: "St. Francis Hospital, Hamtramck, Mich.. "Dr. George L. Caldwell, Hamtramck, Mich..

"Total...

$83.06

87.00

170. 06

"That the amount of the medical and hospital expenses incurred by him on behalf of his son, Edward Gray, Jr., as the result of his injuries in this accident, are as follows:

"St. Francis Hospital, Hamtramck, Mich..
"Dr. George L. Caldwell, Hamtramck, Mich..........

"Total_

$180. 65 309.00

489. 65

"Deponent further states that his automobile was completely demolished; that it was a Plymouth sedan * * *; that his car was insured, and he received from the insurance company the sum of $700, and the wrecked car was turned over to the insurance company;

46* * * that your deponent suffered, as a result of this accident, a fracture of the left tibia, and injury to the lower portion of his back, besides various contusions and bruises about various portions of his body; that deponent still suffers pain in his left leg, and to his back."

Mrs. Bertha Patmon submitted the following affidavit, dated February 22, 1945:

"That your deponent is the mother-in-law of Edward Gray, Sr., the driver of the said car, and that at the time of the accident she was 53 years of age, and was doing housework averaging $18 a week; that 6 months elapsed since the time of the accident before she was able to do any housework at all;

"That your deponent has incurred the following expenses:

"St. Francis Hospital, Hamtramck, Mich

"Dr. George L. Caldwell, Hamtramck, Mich..

"Total....

$81.50 73.00

154. 50

"That your deponent suffered a fracture of the pelvis; that the X-ray report of Dr. Kenning dated June 29, 1942, reads as follows:

""There is an oblique comminuted fracture of the left superior and inferior ramus of the pelvis. There is about one-half upward displacement of the outer fragment.'

"That your deponent also suffered an injury over her left eye and forehead, which still pains her; that your deponent's hip bone, left side, and back are still stiff, and cause her pain and discomfort, and prevent her from being gainfully employed; that for over 6 weeks your deponent was flat on her back after she had left the hospital and was laid on a board during that period of time; that for an additional 4 weeks your deponent was in bed after she was removed from the board; that up until the time your deponent first went back to work she suffered pecuniary loss of $450, and has worked only spasmodically since that time, and because of the said injuries is not now employed."

On March 13, 1945, Edward Gray, Sr., Edward Gray, Jr., and Mrs. Bertha Patmon were examined by Capt. Herbert M. Jacobs, Medical Corps, Army General Dispensary, Detroit, Mich., who made the following report:

"EDWARD GRAY, SR.

"Mr. Gray complains of some slight dizziness which occurs once or twice during a month and lasts 15 or 20 minutes, also some aching of left leg after being on it for period of 7 or 8 hours. General physical examination reveals no apparent abnormality. At the sight of fracture there is some thickening of the bone which is palpable through the skin.

"X-ray examination reveals ancient healed fracture of the middle thirds of the tibia. Solid bony union is present with very slight (10°) medial angulation of the proximal fragment. The fibula is intact and shows no evidence of ancient fracture. "In my opinion there has been complete anatomical recovery and there is no functional disability.

"EDWARD GRAY, JR.

"General physical examination was negative with the exception of a few scars above the left ankle and a thickening of the left femur at point of fracture. There are no flexion or extension limitations of the hip or knee joint.

"X-ray examination reveals ancient healed fracture at the junction of the upper and middle thirds of the shaft of the femur. Solid bony union is apparent and alinement is perfect. A Lane plate is present at the fracture sight.

"In my opinion there has been complete anatomical recovery and there is no functional disability.

"MRS. BERTHA PATMON

"Mrs. Patmon complains of pain in the left hip. States that she is unable to work. Upon walking there is a definite dragging of the left leg and there is a decided limp. General physical examination reveals no gross abnormality with the exception of an umbilical hernia which has been present for a long time. There is a full range of painless motion with the exception of slight nonpainful limitation of full flexion of the left thigh.

"X-ray examination reveals ancient healed fracture of the superior and inferior rami of the pubes on the left. There are suggestive arthritic changes in the left hip joint. No pelvic deformity is present.

"In my opinion there is a limited disability due to the traumatic arthritis of the left hip joint which probably has resulted from the fracture of the pelvis."

In a letter to the War Department dated March 21, 1945, Messers. Berger, Manason & Kayes, of Detroit, Mich., attorneys for the claimants, stated as follows:

"The other two claimants, Bertha Mae Gray, who was 12 years old at the time of the accident and is the daughter of Edward Gray, Sr., bruised her left shoulder and hip but has suffered no permanent injuries and was not hospitalized; and Lindsey Gardner. who sprained her left ankle as a result of the said accident, are making no claim for permanent injuries hereunder. Medical examinations now will disclose no permanent injuries or after effects as a result of the said accident."

The claims officer who made a careful investigation of this accident submitted a report in which he made the following findings:

"The accident and resulting personal injuries and property damage were caused by the sole negligence of the civilian vehicle operator in attempting to get through the convoy and not stopping behind the other civilian vehicle which had been stopped by a policeman to allow the convoy to proceed through the intersection." The evidence fairly establishes that the accident and resulting property damage and personal injuries were not caused in whole or in part by any fault or negligence on the part of the driver of the Army vehicle involved in the collision, but were caused solely by the negligence of Edward Gray, Sr., the driver of the civilian automobile involved in the accident, in failing to maintain a proper lookout and in entering the intersection and attempting to cut through the escorted convoy when he knew, or should have known, that such a movement could not be made in safety. Under the circumstances there is no legal basis for a claim against the United States by the claimants for the damages sustained by them as a result of this unfortunate accident. Since it is unlikely that a court proceeding would develop any additional evidence which would be of any material assistance in determining the issues involved herein, and as there are no circumstances which would justify according to them a preferential treatment not conferred by general law on other persons in like circumstances, the War Department is constrained to recommend that the proposed legislation be not favorably considered.

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.

BERGER, MANASON & KAYES, Detroit 26, Mich., January 21, 1946.

Re: Claim of Edward Gray, Sr. et al., Hamtramck, Mich., v. U. S., for damage sustained June 28, 1942.

Congressman GEORGE G. SADOWSKI,

Washington, D. C.

MY DEAR CONGRESSMAN: It has been several months since you last wrote us concerning your efforts to have a bill enacted to permit the above named parties to start suit in Federal court on their claim. We have been trying ever cince we received your letter to comply with your suggestion that we procure substantiating evidence in the form of signed affidavits. We had considerable difficulty due to the fact that most of the witnesses had moved from the last addresses we had for them, but my associate, Mr. Manason, who had done some work on this matter before he went into the service, returned just recently and succeeded in finding the witnesses. Affidavits were obtained from all of the eye witnesses to the accident, and they are enclosed, in duplicate, herewith.

As you will see from reading these affidavits, all of the eyewitnesses agree that the Army truck driver was guilty of negligence and that our clients were entirely free from it. Under a recent Michigan Supreme Court decision, even if our clients had been guilty of negligence, this would not affect the rights of those clients who were passengers to recover for their damages.

Mr. Manason also had a conversation with Lieutenant Reed who investigated the case on behalf of the War Department. Lieutenant Reed told him that had he known that the Army truck involved in the collision had fallen to the rear of the other vehicles, it would have made considerable difference in the report he would have submitted. He also agreed that in the absence of any policeman stopping traffic in behalf of the Army vehicles, such vehicles are obliged to comply with all local and State traffic regulations, including speed regulations and stopping for through streets. As can be readily seen from the affidavits, there was no policeman stopping traffic on Gallagher Avenue, which is a through street, yet the Army vehicle crossed that street without coming to a halt. Further, the Army vehicle was clearly exceeding the maximum speed limit of 25 miles per hour.

On the basis of these affidavits, our clients' case seems clearly to be proved, yet we are not asking for a bill to order payment of the damages; we are merely requesting the right to have this claim presented to a United States Federal judge to have him listen to all of the evidence, and determine from the facts and law as presented to him, whether or not our clients have a meritorious claim, and the extent to which they should receive reimbursement for their injuries.

In making this request, we are following the procedure adopted by Judge Robert S. Marx, of this city, who likewise had a client who suffered injuries from a truck being operated out of Fort Custer, Mich. He submitted, and had enacted through his Representative in Congress, a similar act known as Private Law 487, Seventy-seventh Congress, chapter, 510, second session, H. R. 5000. Your continued interest in this matter is appreciated. Sincerely yours,

BERGER, MANASON & KAYES, By ISADORE ARNOLD Berger.

AFFIDAVIT OF GENEVA LACY

STATE OF MICHIGAN,

County of Wayne, ss:

Geneva Lacy, being duly sworn, deposes and says: That on June 28. 1942, I was standing with my husband, Thomas Lacy, and a friend, Andrew Turner, In Gallagher Street, near Jacob Street, in the city of Hamtramck, Mich.; that Í saw a Plymouth sedan going about 15 miles per hour north on Gallagher; that Gallagher is a through street, plainly marked, and all vehicles approaching it are required to stop before crossing it; that a number of Army trucks were going east on Jacob Street at the same time; that one of these trucks fell considerably behind the others and was going at a very fast rate of speed in order to catch up-my estimate of the speed is that it was about 60 miles per hour; that there was no policeman nor any other person nor any device to stop traffic on Gallagher, nor to indicate to anyone driving on Gallagher that it was not safe for him to cross the intersection at Jacob; that had I been in the place of the driver of the Plymouth sedan, I would have done exactly as he did; that the truck did not stop for the through street and hit the Plymouth sedan with such force that it