Oliver and Fifth Avenues was not a violation of a city ordinance since Pittsburgh, Pa., has no jay-walking laws.

9. Upon examination at the hospital Hampton was found to have both legs crushed at about the knees, all ribs on the left side were broken, the left collar bone was broken, his skull was slightly fractured, and his body badly bruised. He did not gain complete consciousness until the latter part of February 1943. Gangrene later set in the left leg and it became necessary to amputate the leg slightly above the knee. At present Mr. Hampton is unable to walk. He can move around in a wheel chair. In order to save his right leg the knee was permitted to heal in a solid mass of bone so that the joint cannot be bent. The right foot is at an obtuse angle to the shinbone and cannot be moved. There is very little left of the right calf. Medical dressings are still being used on the stump of the left leg and occasionally splinters of bone work through the outer skin. There is no doubt he will continue to need the medical attention he is receiving until the leg is completely healed. The cost thereof cannot be estimated. There appears to be some hope he will be able to use an artificial left leg and brace to move about when healing is complete.

10. To date Mr. Hampton has had the following expenses which are directly connected with the accident:

Payment thereof verified.

Paid, receipt attached.

Not paid, bill herewith.

These medicines were purchased in various drug stores and values thereof could not be verified. How ever, due to the serious nature of the injuries suffered by Mr. Hampton and the fact that he is still receiving medical attention, the amount is not believed excessive.

The eyeglasses have not been replaced. Before replacement it will be necessary for Mr. Hampton to have his eyes examined. The amount shown does not appear excessive.

This wrist watch was a 21-jewel Elgin which was completely destroyed. It has been advised by a jeweler in Pittsburgh, Pa., that Elgin prices are standard throughout the country and watches of this type start at $55. Mr. Hampton received the watch as a present and the value set on the watch is not excessive. The pen-and-pencil set was a present and the amount shown is not believed excessive. Both pen and pencil were destroyed.

The suit and topcoat had been made by B. Hirsch & Co., Koppers Building, Pittsburgh, Pa.__ Veri fication of the amounts shown were made. Both garments were new, having been delivered to Mr. Hampton on November 19, 1942, 5 days before the accident.

This is the estimated value of the shirt, tie, underclothing, etc., destroyed at the time of the accident. All clothing on Mr. Hampton when he was brought to the Mercy Hospital was cut from his body with scissors because of his condition and, with the exception of his shoes, was completely destroyed. The shoes are still in his possession. They were only slightly scraped.

This was a Stetson hat originally valued at $8. It was not recovered when Mr. Hampton was moved to the hospital.

Mr. Hampton has ordered an artificial limb from Hanger & Co., Sixth and Liberty Sts., Pittsburgh, Pa. That concern advises the cost thereof is $300; $100 of which has been paid.

In addition to the artificial limb Mr. Hampton will need a brace for his right leg. Hanger & Co. advises the cost thereof will be $225.

11. Mr. Hampton operates the Hampton Electric Corporation at New Kensington, Pa. The company has been continually losing business since his accident and Mr. Hampton estimates his financial loss in his business, due to the accident and his inability to give it the necessary personal attention, to be approximately $15,000.

12. Subsequent to the accident Wagner was taken into traffic court at Pittsburgh, Pa., but the case was postponed pending the outcome of Mr. Hampton's condition. However, Wagner entered the armed forces before further legal steps were taken.

13. The only witness to the accident was Joseph Nedza, 911 Pretense Way, Pittsburgh, Pa. His present address is Private First Class Joseph Nedza, 33425827, Company H, 508 Parachute Infantry, APO 203, care of Postmaster, New York, N. Y. I am informed that he is now overseas.

14. Mr. Hampton did not approach a representative of the Post Office Department within the prescribed time relative to filing a claim for damages. Mr. Ripple, representing the postmaster at Pittsburgh, Pa., called at Mercy Hospital on three occasions to see Mr. Hampton. Because of the latter's condition he could not see him. He called at the home of Mr. Hampton on two occasions.

No one

H. Repts.. 81-1, vol. 1-34

was at home on the first occasion and on the second occasion Mr. Ripple talked with Mrs. Hampton. He advised her Mr. Hampton could file a claim for the damages he suffered. The fact that a claim was not filed with the Department, or that a representative of the Department was approached relative thereto, within the period of 1 year, is mentioned in the statement of Mr. Hampton and also the attached letter of the postmaster at Pittsburgh, Pa. When questioned relative to his failure to file a claim Mr. Hampton advised that he knew he would be unable to obtain more than $500 on a formal claim. He did, however, discuss the matter of suitable compensation from the Government with Congressman Samuel Weiss by telephone during early November 1943. H. R. 5191 was introduced by Congressman Weiss containing a stipulated amount of $10,000 and referred to the Committee on Claims.

15. It is my belief that the primary cause of the subject accident was that Mr. Hampton became confused by the numerous traffic lights. There is no evidence that Wagner was operating his motor vehicle in a reckless manner nor that he was violating any traffic laws during such operation. However, due to the weather conditions that part of the windshield of Wagner's automobile which was outside the arc of the windshield wipers was no doubt obscured by rain and he did not have a clear view of the west curb of Grant Street. This is evidenced by the fact that he did not see the pedestrian leave the curb nor at the time the automobile struck him. It would, therefore, appear that greater responsibility for the accident would rest upon Wagner since he should have driven with the utmost of care. If Mr. Hampton had submitted a claim with the Department it is believed he would be entitled to the full amount payable under the law. 16. Further attention in this case is unwarranted and it is returned with the recommendation the report be given proper reference. J. N. BURNS, Post Office Inspector.

AFFIDAVIT OF GEORGE E. HAMPTON

COUNTY OF WESTMORELAND,

State of Pennsylvania, ss:

George E. Hampton, being of legal age and duly sworn, deposes and says: At about 6:30 p. m. on November 24, 1942, I was crossing Grant Street, Pittsburgh, Pa., to get my automobile from a parking lot. I had been in the Union Trust Building, Grant Street, Pittsburgh, Pa., and after leaving the building had walked north on Grant Street to the corner of Grant and Oliver Streets. I stood at the corner and waited for the traffic light to turn green When it did I started to walk across Grant Street. I remember crossing the first streetcar track so that I had either reached the center of the street or had passed it. I was then struck by an automobile driven by William E. Wagner, a special-delivery messenger employed by the Pittsburgh, Pa., post office. I did not see the automobile before it struck me nor did I hear a horn blow. It was not quite dark when I was struck The street was dry and it was not raining or snowing.

I was knocked unconscious and was taken to the Mercy Hospital, Pittsburgh, Pa. I remained in the hospital until March 28, 1943. I do not recall much of what occurred between the time I was struck and the latter part of February 1943. I suffered two broken legs, broken ribs on the left side, a broken left collar bone, slight fracture of the skull, and bruises. Gangrene set in my left leg and it was amputated above the knee during July of 1943. The right leg is now about 3 inches shorter than it should be, and the knee of this leg, having been crushed, has grown into one solid and rigid piece and cannot be bent at all. To date my hospital expenses have been $772.25; and my medical expenses $801. I will need further medical attention and an artificial limb and brace. During my time away from business, the Hampton Electric Corporation, New Kensington, Pa., nearly went bankrupt. I estimate my loss from my business at approximately $15,000. During November 1943 I telephoned Congressman Weiss and talked to him concerning compensation for my injuries from the Government. I later wrote him under date of November 17, 1943. I filed no claim with the Post Office Department for my losses nor have I informed any representative of that Department that I intended to file a claim. GEORGE E. HAMPTON.

Sworn and subscribed to before me at New Kensington, Pa. on October 5, 1944.
JAMES N. BURNS,
Post Office Inspector.

AFFIDAVIT OF WILLIAM E. WAGNER

COUNTY OF Allegheny,

Commonwealth of Pennsylvania, ss:

William E. Wagner, being of legal age and duly sworn, deposes and says: During the period from October 15, 1942, to February 8, 1943. I was employed by the United States post office, Pittsburgh, Pa., as a special-delivery messenger. I resigned from my position on February 8, 1943, and entered the United States Army on February 22, 1943.

On November 24, 1942, I left the Pittsburgh, Pa., post office with a number of special-delivery letters. It was about 7 p. m. when I left and it was raining and very windy. I proceeded south from the post office drive, via Tunnel Street, to a narrow alley which runs from Tunnel Street near the Sun Telegraph Building southwest to the corner of Sixth Street and Grant Street. I went down this alley and south on Grant Street. When I reached the corner of Grant Street and Oliver Street the traffic light was showing green and yellow which gave me authority to go through the crossing. I did so and continued south on Grant Street at a speed of about 20 miles per hour. I was driving in the south-bound streetcar tracks. Visibility was poor but my windshield wiper keep the windshield clean of rain. About opposite the entrance to the Union Trust Building I felt a bump. I immediately applied the brakes of the car. The automobile did not skid when I applied the brakes but came to a stop at the north end of the safety zone located on the west side of Grant Street north of Fifth Avenue.

I did not know I had hit anyone but stopped to see what had caused the bump. I opened the left door, on the driver's side of the automobile, and saw a man's head sticking from beneath the automobile at the door. I got out of the car and called. People gathered around and a number of men raised the automobile while I pulled the man from beneath it. He was moaning, and I with another man, whom I do not know, placed the man in the automobile and I drove him to the Mercy Hospital, Pittsburgh, Pa. I found his name was George Hampton, and that he resided at 1602 Oak Grove Avenue, Pittsburgh, Pa. I did not learn the full extent of the man's injuries before I entered the Army.

I was brought before a traffic court a few days later but action was deferred pending the outcome of Mr. Hampton's injuries. No legal action other than the foregoing has been taken in regard to the accident At the time of the accident I was driving a 1936 four-door Chevrolet sedan.

WILLIAM E. WAGNER.

Sworn and subscribed to before me at Pittsburgh, Pa., on October 7, 1944.

CLYDE W. SAMPLE, M. D.
WILKINSBUrg, pa,

Mr. GEORGE E. HAMPTON,

Swissvale, Pa.

For professional services May 8, 1943, to Aug. 1, 1944..

Received payment.

$151

C. W. SAMPLE.

PITTSBURGH, PA., October 25, 1944.

TO PAUL R. SIEBER, M. D., DR., MERCY HOSPITAL, PITTSBURGH, PA.

DEAR INSPECTOR BURNS: In accordance with our telephone conversation of recent date, I have asked the Mercy Hospital, as well as both of my doctors who attended me at the hospital and at home, to send their statement of my account direct to you and hope that they will do this within the next few days.

As to the amount of my clothing, etc., which was damaged.

When I was admitted to the hospital, my clothes were entirely cut off with a pair of scissors and everything was naturally burned, except my shoes, in which case the strings were cut off but the shoes salvaged. It so happened I was wearing a brand-new suit worn only 2 days before the accident which cost me $75 and also a topcoat which I had worn about 4 weeks and for which I paid $75. I would say that the shirt, other wearing apparel, including my hat. would cost in the amount of approximately $15.

My glasses were completely broken. These glasses cost me $25. My watch was broken past repair which cost me about $46. I had a Sheaffer pen and pencil set in my pocket which was lost and for which I paid $22.50. I believe that outside of a few incidentals, that was all. Thanking you for your cooperation, I am,

Very truly yours,

O

G. E. HAMPTON.

MRS. JUDGE E. ESTES

FEBRUARY 14, 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. 1280)

The Committee on the Judiciary, to whom was referred the bill (H. R. 1280) for the relief of Mrs. Judge E. Estes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 1, line 5, strike out "$7,500" and insert in lieu thereof "$1,000". A similar bill was reported favorably by the committee and passed the House during the Eightieth Congress, but no action was taken by the Senate before final adjournment.

The facts will be found fully set forth in House Report No. 1992, Eightieth Congress, second session, which is appended hereto and made a part of this report. Your committee recommend favorable consideration to the bill.

(H. Rept. No. 1992, 80th Cong., 2d sess.]

The purpose of the proposed legislation is to pay the sum of $1,000 to Mrs. Judge Ê. Estes, in full settlement of all claims against the United States for personal injuries sustained as a result of an accident involving a United States Army vehicle, near the intersection of Barnett Street and North Avenue, Atlanta, Ga., on June 16, 1944.

STATEMENT OF FACTS

On June 16, 1944, at about 6:15 p. m., an Army Chevrolet sedan, operated by a commissioned officer on official business, was proceeding west on North Avenue approaching its intersection with Barnett Street in Atlanta, Ga. At the same time a 1940 Dodge sedan, owned and operated by Mr. Judge E. Estes, and in which Mrs. Judge E. Estes was riding as a passenger, was proceeding north on Barnett Street approaching the same intersection. Barnett Street was a through street at the point of its intersection with North Avenue. There were stop signs on North Avenue which directed traffic thereon to come to a stop before entering the intersection of said avenue with Barnett Street. The driver of the Army car,