80TH CONGRESS 2d Session

SENATE

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REPORT No. 1484

EMELINE LARTIGUE

JUNE 4 (legislative day, JUNE 1), 1948.—Ordered to be printed

Mr. WILEY, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 3352)

The Committee on the Judiciary, to whom was referred the bill (H. R. 3352) for the relief of Emeline Lartigue, having considered same, do now report the bill favorably to the Senate without amendment, and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the proposed legislation is to pay the sum of $405.10 to Emeline Lartigue, of Mobile, Ala., in full settlement of all claims against the United States for property damage sustained as a result of an accident involving a United States Army vehicle, in Mobile, Ala., on August 26, 1946.

STATEMENT

Attached hereto and made a part of this report are extracts from the House Report which set forth in detail the facts in this case:

Own.

On August 26, 1946, Pfc. H. G. Lichtenstein, Squadron B, 4119th Army Air Forces Base Unit, Brookley Field, Ala., took an Army staff car without permission and drove it from Brookley Field to Mobile, Ala., on a personal mission of his At about 12:10 p. m. Pfc. Lichtenstein was driving the Army staff car south on Jackson Street approaching its intersection with Conti Street in Mobile. At the same time a 1941 Oldsmobile coupe, owned by Mrs. Emeline Lartigue and operated by her husband, Paul J. Lartigue, and in which Mrs. Lartigue was riding as a passenger, was proceeding west on Conti Street approaching the same intersection. Conti Street was a through street at the point of its intersection with Jackson Street. There were "Stop" signs on Jackson Street which directed traffic thereon to come to a stop before entering the intersection of said street with Conti Street. The driver of the Army car, failing to see the "Stop" sign, entered the intersection without stopping and crashed into the right side of the Lartigue automobile, damaging it in the amount of $405.10. The accident and resulting damage

were caused solely by the negligence of Pfc. Lichtenstein in carelessly entering an intersection without stopping, in disobedience to a "Stop" sign.

Since Mrs. Lartigue has no remedy under the Federal Tort Claims Act the only method by which she may recover for the damage caused to her automobile in this accident is through the enactment of a private relief bill for her benefit such as H. R. 3352.

The Congress has from time to time enacted legislation to compensate citizens for damage sustained by acts of soldiers not acting within their scope of employYour committee is of the opinion that there is a moral obligation upon the Government to pay such claims, and therefore, recommend favorable consideration to this bill.

ment.

STATE OF ALABAMA,

STATEMENT OF LILLIAN JONES

County of Mobile

My name is Lillian Jones, residing at Boykin Boulevard, Route 6, Mobile, Ala. On August 26, 1946, about 12:10 p. m., I was a passenger in the automobile of Mrs. Emeline Lartigue, which was being driven by her husband, Paul Lartigue. I was occupying the rear seat with the two children, Paul Lartigue, Jr., and Rudy Boutwell.

The car was being driven west on Conti Street, in Mobile, Ala., which is a local thoroughfare street, at a normal speed, and at the intersection of Jackson Street, an Army passenger car drove out into this intersection without stopping, as required by local traffic law, and ran into the right-hand side of Mrs. Lartigue's car, causing it to run into a parked car on the northwest corner of this intersection. Shortly after the accident, Army officers from Brookley Field, Mobile, Ala., where I understand the car and driver were based, arrived at the scene, and insisted that Mrs. Lartigue and I be taken to the hospital at Brookley Field. While I was shaken up and bruised somewhat, I did not consider same material and after the examination, proceeded to my home.

I have read the above statement and to the best of my knowledge and belief swear that same is true and correct.

LILLIAN JONES.

Subscribed and sworn to before me this 16th day of February, 1948. (SEAL) WALTER L. BRADY, Notary Public.

STATEMENT OF EMELINE LARTIGUE

County of Mobile:

STATE OF ALABAMA,

My name is Emeline Lartigue, residing No. 303A Cedar Point Road, Route 6, Mobile, Ala.

On August 26, 1946, about 12:10 p. m., I was riding in my Oldsmobile, which was being driven by my husband, Paul Lartigue. I was on the front seat, holding my baby, Larry Lartigue. The car was traveling west on Conti Street, in the city of Mobile, Ala., moving at a normal speed, and at the intersection of Jackson Street, an Army car, moving south on that street, drove out into the intersection without stopping and ran into the right-hand side of my car, causing it to run against a parked automobile on the southwest corner of this intersection.

Shortly after the accident, Army officers from Brookley Field, Mobile, Ala., where I understand the car and driver were based, came to the scene of accident, and upon their insistence I and Mrs. Lillian Jones, another occupant of my car, were taken to the hospital at Brookley Field for examination. While we were

shaken up and sustained some bruises, we did not consider same as of a material nature, and after being examined returned to our homes. I was given to understand at the time by the Army officers that the damages to my automobile would be paid for, though as yet I have not been reimbursed for any part of same. I have read the above statement and to the best of my knowledge and belief swear that same is true and correct.

Mrs. EMELINE LARTIGUE.

Subscribed and sworn to before me this 16th day of February 1948. [SEAL] WALTER L. BRADY, Notary Public.

QUIGLEY MOTORS, INC., Mobile 2, Ala.. August 27, 1946.

Estimate, 1941 Oldsmobile, Mr. Paul Lartigue

QUIGLEY MOTORS BODY SHOP, JACK HODGES, MANAGER

I hereby certify that this is an exact copy of the original estimate on Paul Lartigue.

C. J. HODGES, Manager, body department.

DEPARTMENT OF THE ARMY, Washington, D. C., October 6, 1947.

House of Representatives.

DEAR MR. MICHENER: Reference is made to your letter, enclosing a copy of H. R. 3352, Eightieth Congress, a bill for the relief of Emeline Lartigue, and requesting a report on the merits of the bill.

This bill would authorize and direct the Secretary of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to Emeline Lartigue, of Mobile, Ala., the sum of $405.10 * * * in full settlement of all claims of the said Emeline Lartigue against the United States arising out of the damage to her automobile, which, on August 26, 1946, was struck at an intersection in the city of Mobile, Ala., by an Army staff car operated by an enlisted man who was acting outside the scope of his employment.

On August 26, 1946, Pfc. H. G. Lichtenstein, Squadron B, 4119th Army Air Forces Base Unit, Brookley Field, Ala., took an Army staff car without permission and drove it from Brookley Field to Mobile, Ala., on a personal mission of his own. At about 12:10 p. m. Private First Class Lichtenstein was driving the Army staff car south on Jackson Street approaching its intersection with Conti Street in Mobile. At the same time a 1941 Oldsmobile coupe, owned by Mrs. Emeline Lartigue and operated by her husband, Paul J. Lartigue, and in which Mrs. Lartigue was riding as a passenger, was proceeding west on Conti Street approach

ing the same intersection. Conti Street was a through street at the point of its intersection with Jackson Street. There were stop signs on Jackson Street which directed traffic thereon to come to a stop before entering the intersection of said street with Conti Street. The driver of the Army car, failing to see the stop sign, entered the intersection without stopping and crashed into the right side of the Lartigue automobile, damaging it in the amount of $405.10. The accident and resulting damage were caused solely by the negligence of Private First Class Lichtenstein in carelessly entering an intersection without stopping, in disobedience to a stop sign.

On August 28, 1946, Mrs. Lartigue filed a claim with the War Department in the amount of $405.10 for the damage caused to her automobile in this accident. The only statute available to the War Department under which the claim could be considered was the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. S. C. 921), which provides in section 403 (a) thereof that a claim against the United States for property damages, personal injury, or death, accruing on or after January 1, 1945, may not be approved unless the damages in question were caused by the negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damages in accordance with the law of the place where the act or omission occurred.

Inasmuch as the evidence shows that Private First Class Lichtenstein took the Army car without authority and was using it on a personal mission of his own at the time this accident occurred, it is clear that he was not acting within the scope of his office or employment as a soldier at the time Mrs. Lartigue's car was damaged. The claim of Mrs. Lartigue, therefore, was necessarily disapproved by the office of the Judge Advocate General, on January 30, 1947. Mrs. Lartigue appealed to the Secretary of War from the action taken in disapproving her claim, and on March 18, 1947, the Secretary of War sustained the previous action of disapproval and denied the appeal therefrom.

Since Mrs. Lartigue has no remedy under the Federal Tort Claims Act the only method by which she may recover for the damage caused to her automobile in this accident is through the enactment of a private relief bill for her benefit such as H. R. 3352.

There is no legal responsibility on the part of the United States to compensate Mrs. Lartigue for the damages sustained by her. If, however, in the light of the foregoing facts, the Congress should deem it appropriate to grant relief in this case, it is the view of the Department of the Army that the amount stated in the bill is fair and reasonable.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

KENNETH C. ROYALL,
Secretary of the Army.

STATEMENT OF PAUL LARTIGUE

STATE OF ALABAMA,

County of Mobile:

My name is Paul Lartigue, residing No. 303A Cedar Point Road, Route 6, Mobile, Ala.

On August 26, 1946, about 12:10 p. m., I was driving Oldsmobile club coupe, owned by my wife, Emeline Lartigue, occupied by my wife and our two children, Paul Lartigue, Jr., and Larry Lartigue, also Mrs. Lillian Jones and Rudy Boutwell, the latter about 3 years of age at that time. The weather was clear and streets were dry.

I was driving west on Conti Street in the city of Mobile, Ala., which is a thoroughfare street, having traffic "Stop" signs posted at the intersecting streets, giving legal right-of-way for traffic moving on this street. I was driving at a normal speed, as the place of accident is in the area of the local business district. At the intersection of Jackson Street there is a brick building on the northeast corner which obstructs the view of traffic moving south on Jackson Street, and the first I saw of the other automobile was as I reached the intersection and this automobile without stopping moved out into the intersection traveling south and struck the car I was driving broadside, damaging same from the right-hand door to the front of car. I endeavored to turn to left to avoid the impact, and after being struck the car was knocked over against a parked car on the southwest