It should be further noted that neither the widow nor the children herein are the recipients of any benefits under the Workman's Compensation Act of the State of New York, in that said accident and the injuries resulting in death did not arise out of and in the course of employment of the decedent herein. It is further respectfully submitted that an action at law for the recovery of damages by reason of the negligence of the driver of the Army vehicle would be futile and would unduly burden the widow with the expense of litigation, which she cannot afford. As is evidenced by the police blotter report, the driver of the Army motor vehicle was 18 years of age at the time of the accident (exhibit 1). An investigation reveals that the said person driving the motor vehicle is financially irresponsible and that he may presently be in the armed forces of the United States. In view of all of the circumstances herein set forth, it is respectfully submitted that the widow is solely and wholly dependent upon such relief as may be afforded her by the remedy herein sought. CONCLUSION It is respectfully submitted that the widow, Angelina Marsiglia, in the light of all of the foregoing, receive such relief as is set forth in H. R. 699. Respectfully submitted. LAWRENCE W. SILVERMAN, Detective Alfred J. Fernen, badge 342, attached to the motor-vehicle homicide squad, Manhattan, called as a witness in behalf of the people, being duly sworn, testified as follows: "Mr. DALY. For the purposes of this hearing, counsel, will you stipulate that Detective Fernen is an expert with relation to motor vehicles? "Mr. CонN. I do. "(Direct examination by Mr. DALY:) "Q. Detective Fernen, on December 2, 1944, did you investigate an automobile homicide in the vicinity of Varick and Houston Streets in the city and county of New York? "A. Yes, sir; I did. "Q. Will you tell the court what time you got to the scene and what you found when you got there? "A. I was notified at 9 p. m., December 2, 1944, by operator Palmer of the telegraph bureau and in company with Detective Kohlbrenner, badge 992, proceeded to the scene of the accident, arriving there approximately 9:15. Upon arrival, the car in question, a Ford sedan-the number is 160225 USA; it is an Army car-was being detained by Patrolman Augustyne, badge 4502, of the Sixth precinct. The car upon our arrival was at the west curb of Varick Street facing south. The rear of it was 30 feet south of the south building line of West Houston Street. The defendant was also being detained. "While at the scene, I took measurements. Varick Street is a two-way street and measures 59 feet from curb to curb. West Houston Street is a west-bound street that is 35 feet from curb to curb. The north crossing of West Houston Street is 15 feet. The defendant pointed out the point of contact. That was 16 feet east of the west curb of Varick Street, 7 feet north of the north curb of West Houston Street. There are traffic lights on the northeast and southwest corners, street lights on the northeast and southwest corners. The pavement is granite block; the pavement is dry; the roadway is cobbled. The injured person was 28 feet south of the south building line after the accident. There was a skid mark 51 feet long, a straight skid mark of 51 feet, and then it made an arc for another 21 feet. I spoke with the defendant at the scene at half past nine. He told me that he was employed by the quartermaster's market center as a chauffeur. He said that at the time of the accident he was driving south on Varick Street at about not more than 30 miles per hour. He said that he was alone in the car and prior to the accident, he had stopped either one or two blocks north for a red light. He said that when he first saw the man, now decedent, the man was about 4 or 5 feet east of the west curb, on the north crossing, and the man was going toward the east. The defendant stated he didn't know whether he sounded his horn or not but he jammed on his brake and pulled to the left and the man was struck by the front of the car by the radiator. The defendant said he had bright lights on at the time. "Q. Now, detective, from an examination of the physical evidences at the scene, from an examination of the skid mark, are you able to form an opinion as to the speed the car was traveling at the time of the impact? "A. I can give you the minimum speed; yes. "Q. What is your opinion as to the minimum speed? "A. Thirty-two miles an hour. "Mr. DALY. Your witness. "Mr. CоHN. No questions. "The COURT. Step down. "Mr. DALY. That is the people's case, if Your Honor plcases. "Mr. FERNEN. I might add that the car was tested and found to be in good condition. "The COURT. Is there any other evidence that can be obtained by the police? "Mr. DALY. No. "The COURT. Any other witnesses? "Mr. DALY. No, Your Honor. That is the people's case. "The COURT. There is no evidence of any culpable negligence in the record. Accordingly I will have to dismiss the complaint and discharge the defendant." Certified, true and correct transcript. MARCH 24, 1947. ROSE BURGER, Official Court Stenographer. CITY OF NEW YORK, To Whom It May Concern: POLICE DEPARTMENT, New York 13, N. Y., June 19, 1947. I, Vincent E. Finn, chief clerk of the Police Department of the City of New York, do hereby certify that the following is a true and correct copy of secton 60 of article 4 of the Traffic Regulations of the Police Department of the City of New York, in effect from June 9, 1942, to May 23, 1945: SEC. 60. Speed limits and variations thereof.-The speed limit for driving any vehicle shall be as follows: "(a) During the hours between one-half hour before sunrise and one-half hour after sunset, 25 miles per hour, except where signs authorized by proper authority are posted indicating a greater or lesser speed. "(b) During the hours between one-half hour after sunset and one-half hour before sunrise, 20 miles per hour, except where signs authorized by proper authority are posted indicating a lesser speed. "(c) No driver shall drive at a rate of speed greater than 10 miles per hour when turning a corner. “(d) A driver who shall exceed any such speed limit shall be guilty of violating this section. "Dated: June 9, 1942. "LEWIS J. VALENTINE, Police Commissioner." NOTE.-Above section designated as section 14, article 3, of traffic regulations at time of promulgation. [SEAL] JAMES H. FINNEY, Chief Clerk. O MRS. ELIZABETH MARY C. MANGLE JULY 25, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT To accompany H. R. 4411) The Committee on the Judiciary, to whom was referred the bill (H. R. 4411) for the relief of Mrs. Elizabeth Mary C. Mangle, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $2,990 to Mrs. Elizabeth Mary C. Mangle, of New York City, in full settlement of all claims against the United States for personal injuries. hospital, medical, and other expenses, sustained as a result of an accident at the United States naval base in Bermuda, on October 11, 1946. STATEMENT OF FACTS It appears that on October 11, 1946, at about 1:30 p. m., Mrs. Elizabeth Mary Cheserton-Mangle and her daughter, Maeanna Cheserton-Mangle, arrived at the United States naval operating base, Bermuda, in a Navy Liberty boat. They were admitted to the base as visitors by authority of base memorandum No. 34-1945 issued by the commandant of the base on December 4, 1945. With other visitors, Mrs. Mangle and her daughter were met at the pier by a Navy station wagon, No. 24, driven by Robert Evon Davis, CCS, USN, acting assistant duty officer, and were taken on a conducted tour of the base. Mrs. Mangle and her daughter sat in the front seat of the station wagon with the driver, with Mrs. Mangle seated next to the right-hand front door of the vehicle. The inside handle of the right front door was missing, but the handle on the outside of the door was present and operative. The Navy driver helped the visitors into the station wagon and opened and closed the door from the outside at each stop. During the course of the tour, at about 2:45 p. m., as the station wagon proceeded around a left turn at a speed of approximately 10 miles per hour, the driver saw the right front door of the vehicle start to swing open. Mrs. Mangle, who had her right arm resting on the window sill of the door, started to fall out. The driver brought the station wagon to an abrupt stop, and Mrs. Mangle fell through the open door, striking the pavement on her right side. The Acting Judge Advocate General of the Navy, in his report, states: It is the opinion of the Department of the Navy that the personal injuries suffered by Mrs. Elizabeth Mary Cheserton-Mangle as a result of the accident which occurred while she was a guest of the Navy at the United States naval operating base, Bermuda, were proximately caused by the negligence of employees of the United States Government either in the operation or in the maintenance of the Government vehicle involved. Mrs. Mangle is therefore considered to be entitled to recover the amount of the provable damages she sustained. The Navy Department further states that: In view of the serious effect which Mrs. Mangle's fall may have had upon her life expectancy, and in view of the clear liability of the Government for the damages arising from her injury, the United States does not appear to be in position to question the reasonableness of the damages claimed. The Department of the Navy is therefore not opposed to the enactment of the bill for the relief of Mrs. Elizabeth Mary Cheserton-Mangle in the amount of $2,990 as therein provided. Therefore, your committee concurs in the recommendation of the Navy Department and recommends favorable consideration to the bill. Hon. EARL C. MICHENER, NAVY DEPARTMENT, OFFICE OF THE JUDGE ADVOCATE GENERAL, Chairman of the Committee on the Judiciary, House of Representatives. The purpose of the bill is to authorize and direct the Secretary of the Treasury to pay the sum of $2,990 to Mrs. Elizabeth Mary C. Mangle of 2567 Decatur Avenue, New York City 58, N. Y., in full settlement of all claims against the United States for personal injuries, hospital, medical, and other expenses sustained as a result of an accident which occurred on October 11, 1946, at the United States naval operating base, Bermuda, British West Indies. The investigative report of the incident which gave rise to the subject bill discloses that on October 11, 1946, at about 1:30 p. m., Mrs. Elizabeth Mary Cheserton-Mangle and her daughter, Maeanna Cheserton-Mangle, arrived at the United States naval operating base, Bermuda, in a Navy Liberty boat. They were admitted to the base as visitors by authority of base memorandum No 34-1945 issued by the commandant of the base on December 4, 1945. With other visitors, Mrs. Mangle and her daughter were met at the pier by a Navy station wagon, No. 24, driven by Robert Evon Davis, CCS, USN, acting assistant duty officer, and were taken on a conducted tour of the base. Mrs. Mangle and her daughter sat in the front seat of the station wagon with the driver, with Mrs. Mangle seated next to the right-hand front door of the vehicle. The inside handle of the right front door was missing, but the handle on the outside of the door was present and operative. The Navy driver helped the visitors into the station wagon and opened and closed the door from the outside at each stop. During the course of the tour at about 2:45 p. m., as the station wagon proceeded around a left turn at a speed of approximately 10 miles per hour, the driver saw the right front door of the vehicle start to swing open Mrs. Mangle, who had her right arm resting on the window sill of the door, started to fall out |