"(b) The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past such red or stop signal or stop sign.

"At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal.

"(c) No driver of any authorized emergency vehicle shall assume any special privilege under this article except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law."

There is nothing in the record to indicate that the convoy was actually proceed ing on an emergency trip at the time. The record is silent as to any precautions taken to give notice to the public generally that the convoy was on an emergency mission as there was no police or motorcycle escort and the vehicles were not sounding sirens or flashing red lights or other signals indicating that they were in a privileged status.

In the case of Stucker et al v. McMains et al, in the District Court of Appeal, Second District, California (161 P. 2d 997), Stucker, a highway patrolman, operating a motorcycle, was escorting one unit of a convoy of 100 Army trucks when his motorcycle was struck by a truck belonging to the defendants and the patrolman killed. The court in this case said that it took judicial notice of the state of war existing on January 7, 1943, the date of the accident, and of the military activities in California with respect to the necessity for a police escort for an Army convoy of trucks moving on a public highway, and hell‍that the highway patrolman was operating an authorized emergency vehicle and responding to an emergency call within the contemplation of the provisions of the California Vehicle Code. The evidence produced in the trial that the State highway patrolman was displaying the required red light and sounding his siren as he entered the intersection and was struck by defendants' truck, which failed to yield the right-of-way, was held by the court to be sufficient authority for judgment for wrongful death.

In the accident in which Mr. Moore was injured, however, no evidence of any claimed immunity of a Government vehicle was indicated. Mr. Justice alleged that he looked to the north and saw no approaching vehicle when he entered the intersection on the green light. The fact that his vehicle crossed three lanes of the boulevard before it was struck by the Marine Corps truck might indicate that this particular truck was some distance behind the other trucks of the convoy. Private Green, the driver of the Marine Corps truck, admitted that he made no attempt to stop when the traffic light changed from green to red. Mr. Moore reports that he was advised by his attorney "that he did not have a chance to collect any money from the insurance company of Mr. Daniel Justice inasmuch as all the evidence showed that he was not at fault."

On consideration of the foregoing, it would appear that under the applicable Maryland law the Government vehicle was not specifically embraced by the definition of "authorized emergency vehicle"; that even though it could be treated as such under a general construction of the term, the driver was nevertheless required to "slow down as necessary for safety" in approaching a red light or stop signal if responding to an emergency call, and when not responding to an emergency call, was required to stop in obedience to the stop signal. There is no judicial finding that the convoy was on an emergency call at the time. Under the circumstances, it is believed that claimant, who was a passenger in the privately owned car that was proceeding on the green light, is entitled to relief for the injuries sustained.

The actual expenses incurred by Mr. Moore for medical and hospital bills amount to $334.50. The report of Dr. Hopkins shows claimant planned to resume his employment on December 6, 1943, and Mr. Moore reports that he actually did return to work on December 18, 1943. The report of his physician shows that claimant suffered a loss of 10 to 15 percent of the use of the right foot, which is substantiated by the recent examination by medical officers of the Navy, as a result of which determination was made that claimant "had a 20-percent limitation of motion in the right ankle and 10 percent loss of useful function." This might be a serious handicap for a man engaged in work requiring physical effort of the type in which Mr. Moore was engaged.

The difference of $2,940.40 between the actual expenses and specific losses of $2,059.60 up to December 18, 1943, and the $5,000 relief provided by the bill does not appear to be excessive for the permanent disability sustained by claimant, with the attendant pain and suffering and loss of earning power. Therefore no objection is interposed to the enactment of the bill H. R. 2075.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the committee. For the Secretary of the Navy.

Respectfully,

Hon. JAMES C. DAVIS,

Congressman, Fifth District of Georgia
Washington, D. C.

ATLANTA, GA., December 28, 1948.

DEAR SIR: herein make a statement for your information regarding the accident I had while returning from work in an automobile with Mr. Daniel S. Justice, of Sykesville, Md.

I was employed by the Bethlehem-Fairfield Shipyards, Inc. On the evening O July 21, 1943, I was returning home from work in a car with Mr. Justice at about 4 p. m. Our car stopped at Washington-Baltimore Boulevard for a red signal light. when the light changed to green and, no traffic approaching in sight, Mr. Justice, the driver of our car, proceeded across the boulevard in a westerly direction. When we had almost completely crossed this wide traffic boulevard, I saw this big truck bearing down on our car, but we were helpless to avoid the crash. I am attaching as exhibit A a copy of report obtained from witnesses by police and Mr. Justice. as I was immediately removed to a hospital in an ambulance after the accident

feel that this accident was caused by reckless and careless operation of this Government truck and that I should be compensated for my expense and re muneration which was caused by this wreck I am listing below a statement of my expenses and loss of time

St. Agnes Hospital, Baltimore, Md. (21 days).
Maryland General Hospital, Baltimore, Md..

John V Hopkins. M. D., professional service...

Time lost while unable to work (21 weeks at $81.60)__

Total...

$104. 50 30.00 200. 00 1, 725. 10

2, 059. 60

I am attaching as exhibit B a statement from John V. Hopkins, M. D., stating that I will have a 10 to 15 percent loss of the use of my right foot. I feel that some consideration should be given this item of disability together with pain and suffering

For further information I am enclosing herewith letter from three different sources marked "Exhibits C. D. and E." also a sketch showing my version of the accident.

I can furnish canceled checks or receipts to substantiate the items of expense if you should need them.

Will appreciate your attention and help in this matter.
Very truly yours,

I am.

FRANK G. MOORE.

EXHIBIT B

Baltimore, Md., December 1, 1943.

Re Frank G. Moore.

Mr JEROME A LOUGHRAN,

Ellicott City, Md.

DEAR MR. LOUGHRAN: Frank G. Moore was last seen in my office on November 29, 1943. At that time he had regained a considerable amount of motion in the ankle and the swelling was subsiding. I thought at that time that he would be able to return to work and would probably not need any additional physical therapy

The last X-ray was taken on November 15, 1943, at which time consolidation of the fracture was progressing satisfactorily The fracture line was still definitely visible, but good callus was formed

This patient plans to return to work about December 6, 1943. I anticipate he will have in the heighborhood of 10 to 15 percent loss of use of the right foot My bill in the amount of $200 for services rendered is enclosed as you requested. JOHN V. HOPKINS, M. D.

Very truly yours.

Re Mr. Frank Glenn Moore.

Mr. JEROME A. LOUGHRAN,

Ellicott City, Md.

EXHIBIT E

BALTIMORE, MD.. September 24, 1943.

DEAR SIR: In response to your request of September 22, 1943, I am enclosing herewith the attending physician's report in the above-captioned case.

For your records, Mr. Moore was admitted to St. Agnes Hospital on July 21. 1943. He had an irregular comminuted fracture of the lower third of the right tibia and fibula. On July 22, 1943, a Steinman pin was placed through the os calcis and traction was started Good alinement of the fractured bones was obtained as shown by X-ray and on August 7, 1943, the Steinman pin was removed and a cast was applied. This patient left the hospital on August 11, 1943. Since discharge from the hospital, I have seen him on August 25. September 1, and September 22, 1943. On the 22d, he was advised to return in 2 weeks for removal of the cast and check X-rays. It is too early to determine the amount of disability which he will have in this ankle. I will be glad to keep you advised of developments in this case.

Very truly yours.

JOHN V. HOPKINS, M. D.

MORRIS TUTNAUER

AUGUST 9, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. Byrne of New York, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 2266]

The Committee on the Judiciary, to whom was referred the bill (H. R. 2266) for the relief of Morris Tutnauer, having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:

Page 1, line 6, strike out "$28,365.50", and insert in lieu thereof "$10,000"

The purpose of the proposed legislation is to pay to Morris Tutnauer, of New York, N. Y., the sum of $10,000 on account of injuries sustained by him when an automobile being operated by him was struck by a Department of the Army automobile on July 22, 1943, in Queens County, New York, N. Y., said Army vehicle being operated by a private of the United States Army.

STATEMENT OF FACTS

On July 22, 1943, at about 2:45 p. m., an Army 11⁄2-ton cargo truck, operated by an enlisted man on official business, was proceeding north on Twenty-first Street, approaching its intersection with Jackson Boulevard, in Long Island City, Queens County, N. Y., at an estimated speed of from 20 to 25 miles per hour. At the same time a 1937 1-ton Chevrolet truck, owned by the LeRoy Metal Co., 689Kent Avenue, Brooklyn, N. Y., and operated by Morris Tutnauer, a partner of that firm, of 401 East Forty-eight Street, Brooklyn, was proceeding southwest on Jackson Boulevard, approaching the sameintersection, at a speed estimated at 25 miles per hour. The intersection in question was protected by an electric traffic signal system. There is a sharp conflict of evidence as to which traffic had the green light. The Army driver with his two enlisted-men passengers stated

they had the green light but which, according to Mr. Tutnauer and his son, who was riding with him at the time of the accident, was green for the civilian truck when both vehicles entered the intersection. The Army truck proceeded across the intersection in front of the truck driven by Mr. Tutnauer and the collision occurred. Mr. Tutnauer was thrown out of his truck to the pavement by the impact of the collision, and received permanent injuries of a serious nature.

In an affidavit signed by John Anzovino, on January 8, 1949, he gives the following statement:

On July 22, 1943, I operated a business known as John's Service Station at premises 2117 Jackson Avenue, at the intersection of the said thoroughfare with Twenty-first Street in the Long Island City section of the Borough of Queens, city and State of New York.

At about 3 p. m. on that date, I personally witnessed an accident involving two motor vehicles at the said intersection. I was not busy at the time and was standing in my service station looking into the intersection and watching the traffic coming by, as was my custom, while awaiting for customers to arrive.

The intersection of Jackson Avenue and Twenty-first Street is a busy one with many automobiles and trucks going by. From my station I command a clear and unobtrusive view of the traffic passing through this intersection from all directions, particularly that of the eastern part of Jackson Avenue and the southern part of Twenty-first Street. On the day in question the weather was good and the streets were dry. The intersection is controlled by traffic lights and both of the streets are two-way streets.

At about 3 p. m. of July 22, 1943, I saw a panel truck proceeding along Jackson Avenue in a westerly direction and traveling at a slow rate of speed, enter upon the said intersection; although there was nothing to specifically call my attention to that fact at that moment, my recollection is that the condition of the lights was green in favor of the said panel truck, and red against the truck on Twentyfirst Street. As the said truck entered the intersection, I observed an Army truck traveling northerly along Twenty-first Street approach the intersection at a high rate of speed without any obvious attempt to check its speed as it approached the intersection. It appeared that a collision was inevitable, and the same did take place. At the last moment the driver of the Army truck applied his brakes which shrieked, but to no avail. The front of the Army truck struck the left side of the panel truck with terrific force, and what appeared at the moment to be a large burlap sack, came flying out of the front left side of the panel truck. I rushed over to the vehicles which were still locked together and found that what appeared to be a burlap bag was a man who had been driving the civilian vehicle. I immediately called for an ambulance and rendered whatever assistance I could at the time. The Army truck was able to disengage itself from the other vehicle, but the panel truck had to be towed away.

I wish to add, that this was not the first or only Army truck that drove through this intersection without attempting to slow down or to observe the common rules of conduct under such circumstances. In fact, it seemed to be the practice. and we people in the automotive business in this locality used to comment on the way they would drive through “on the button." It was inevitable that such accidents would occur

I have not previously made the statement in connection with this accident for the reason that I have not been called upon, therefore, until now, although I understand that the representatives of the injured man in the panel truck, who I have learned is a Mr. Morris Tutnauer, had previously looked for me. I was in the Army myself following the time of this accident and wa unavailable. There was at the time of the accident in my employ a mechanic, Adolph Neri, who I understand has already made a statement on behalf of the said injured man. Although Mr Neri did not observe the accident, since he was at the diner across the street from the service station which I owned, he did arrive a few moments later.

I make this statement voluntarily, and the facts contained therein are the result of my own personal observations at the time of the accident. I am not related to any of the parties involved in the action, and have no interest in any claim that any of the parties may be making as a result thereof, but make this statement for the purpose of revealing the truth and doing my duty as a citizen.

This bill has been pending before the subcommittee for several months and at the request of the chairman of the subcommittee two