The Army driver in a sworn statement executed on September 26, 1944, said: "I was driving north on Alaskan Way about 23 miles per hour in inside lane. Suddenly through the fog I saw a man standing in my lane about 35 feet ahead of me, north of Pine Street signs. There was a car passing me on the right, and another one coming south on my left, so I could not swerve. I applied brakes and had almost stopped when I hit the pedestrian.”

Mr Levy left surviving the following persons:

Mrs. Rebecca Levy, widow, 42 years of age.

Solomon R. Levy, son, 19 years of age, a radio technician, third class, United States Navy

Mildred Levy, daughter, 16 years of age.

Esther Levy, daughter, 7 years of age

The evidence further shows that Mrs. Levy and the two daughters were entirely dependent upon Mr. Levy for their support.

The Secretary of the Army in his report dated May 17, 1948, states:

"The evidence in this case fairly establishes that this accident and the resulting death of Isaac Levy were not caused by any fault or negligence on his part but were caused solely by the negligence of the driver of the Army truck involved in said accident in failing to operate his vehicle at such a speed as to be able to avoid striking a pedestrian on a cross walk. Inasmuch as there was a fog and drizzling rain at the time this accident occurred it is the view of the Department of the Army that the speed of 23 miles per hour at which the Army driver states he was traveling at the time the accident occurred was excessive. The Department, therefore, is of the opinion that Mrs. Levy should be compensated in a reasonable amount for the death of her husband. The proposed award of $30,000, stated in H. R. 5484, is excessive, but the Department would have no objection to the enactment of this bill if it should be amended to provide for an award for Mrs. Levy in the amount of $6,500, which, it is believed, would constitute a fair and reasonable settlement of all claims against the United States arising out of the death of Mr. Levy for which compensation has not heretofore been paid."

Therefore, your committee concur in the recommendation of the Secretary of the Army and recommend favorable consideration to the bill as amended.

Hon. EARL C. MICHENER,

Chairman. Committee on the Judiciary,

DEPARTMENT OF THE ARMY,
Washington, D. C., May 17, 1948.

House of Representatives.

DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 5484, Eightieth Congress, a bill for the relief of Mrs. Rebecca Levy, if it should be amended as hereinafter recommended.

* *

This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Rebecca Levy, of Seattle, Wash., the sum of $30,000 * in full settlement of all claims of the said Mrs. Rebecca Levy against the United States arising out of the death of her husband, Isaac Levy, which resulted from his being struck by a United States Army vehicle in Seattle, Wash., on September 26, 1944."

On September 26, 1944, at about 6:25 a. m., an Army 22-ton cargo truck, operated by an enlisted man on official business, was proceeding north on Alaskan Way, a four-lane street, on the inside lane, approaching the intersection of that street with Pine Street in Seattle, Wash. There were no traffic signal lights, stop signs, or marked cross walks at the intersection. Traffic was proceeding in both directions on Alaskan Way at the time. It appears that Mr. Isaac Levy had started across Alaskan Way, proceeding west toward his place of employment, and that when he had reached the center of Alaskan Way he stopped in the cross walk waiting for traffic to clear on said street so that he could complete the crossing of the street. There was a moderate fog with a drizzling rain Just after the Army truck passed across the intersection it struck Mr. Levy about 18 inches east of the painted center line of Alaskan Way. As a result of the accident Mr. Levy sustained severe injuries from which he died about 5 hours later in the King County Hospital, Seattle.

The Army driver in a sworn statement executed on September 26, 1944, said: "I was driving north on Alaskan Way about 23 miles per hour in inside lane. Suddenly through the fog I saw a man standing in my lane about 35 feet ahead of me, north of Pine Street signs There was a car passing me on the right and

another one coming south on my left, so I could not swerve. I applied brakes and had almost stopped when I hit the pedestrian.'

P. N. Arthur, a police officer of the city of Seattle, who arrived at the scene of the accident a few moments after it occurred, in a sworn statement, dated September 27, 1944, said⚫

64* * * When I got there, Mr. Levy was lying on his back about a foot east of the center line of Alaskan [Way], head north and feet south. The Army driver pointed out the place where Mr. Levy had been hit, and that was about 30 feet south of where I found him.

"Mr. Levy was not unconscious and he told me he had parked his car east of Alaskan Way, and was crossing westward to go to work at Palace Fish Co.

"The place the Army driver showed me as the point where Mr. Levy was struck was just about opposite a utility pole which is on the east of Alaskan Way, the first pole north of Pine Street. This pole has a light hanging on an arm. The point of impact was about opposite (west) of this pole.

"It was dark and a little foggy. I found no skid marks, as it was raining. It is my opinion that the Army truck knocked the pedestrian about 30 feet northward. Mr. Levy made no statements to me as to how the accident occurred. I was there when ambulance took him to hospital."

The evidence of record in the Department of the Army fails to show that any expenses were incurred for the treatment of Mr. Levy at the King County Hospital. The expenses incurred in connection with the burial of Mr. Levy amounted to the sum of $335.

The records of the Department of the Army show that Mr. Levy was 52 years of age and was employed by the Palace Fish & Oyster Co., 1515 Alaskan Way, Seattle, Wash., at the time of his death. The evidence shows that he had been employed by said company for some time prior to his death and was receiving a salary of $3,193.82 per annum. Mr. Levy left surviving the following persons: Mrs. Rebecca Levy, widow, 42 years of age. Solomon R. Levy, son, 19 years of age, a radio technician, third class, United States Navy. Mildred Levy, daughter, 16 years of age. Esther Levy, daughter, 7 years of age.

The evidence further shows that Mrs. Levy and the two daughters were entirely dependent upon Mr. Levy for their support.

On December 29, 1945, the War Department approved the claim of Mrs. Rebecca Levy in the amount of $335 for the expenses incurred in connection with the burial of her husband, under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended, and that sum was paid to her on February 12, 1946. There was no statute then, and there is none now, under which any amount could be paid to Mrs. Levy on account of the death of her husband. The evidence in this case fairly establishes that this accident and the resulting death of Isaac Levy were not caused by any fault or negligence on his part but were caused solely by the negligence of the driver of the Army truck involved in said accident in failing to operate his vehicle at such a speed as to be able to avoid striking a pedestrian on a cross walk. Inasmuch as there was a fog and drizzling rain at the time this accident occurred, it is the view of the Department of the Army that the speed of 23 miles per hour at which the Army driver states he was traveling at the time the accident occurred was excessive. The Department, therefore, is of the opinion that Mrs. Levy should be compensated in a reasonable amount for the death of her husband. The proposed award of $30,000, stated in H. R. 5484, is excessive, but the Department would have no objection to the enactment of this bill if it should be amended to provide for an award for Mrs. Levy in the amount of $6,500, which, it is believed, would constitute a fair and reasonable settlement of all claims against the United States arising out of the death of Mr. Levy for which compensation has not heretofore been paid.

The claimant has no remedy under the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. 921) for the reason that this claim arose out of an accident which occurred prior to January 1, 1945.

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.

CLAIM OF REBECCA LEVY

Comes now Rebecca Levy, and herein makes claim to the War Department for damages sustained by her and her children, for the death of her husband, who

died on the 26th day of September 1944, as a direct result of an accident which occurred at the intersection of Pine Street and Alaskan Way, in the city of Seattle, on the morning of the said date, at about the hour of 6 a. m. That the claimant asks for $30,000 as damages. Claimant alleges that she is the duly and regularly appointed administratrix of the estate of her husband, Isaac Levy, sometimes known as Robert Levy. That the decedent was walking on Alaskan Way at the intersection of Pine Street and Alaskan Way, and was crossing Alaskan Way when struck by a truck driven by Pvt. Elias Redd, due to the negligent and careless driving of the said Elias Redd. That the negligence and carelessness of the said Elias Redd constituted in that at the time of the accident it was foggy and dark, and the said Elias Redd drove his Army truck at a rate of speed in excess of that allowed by law. That the said Elias Redd drove in the inside lane of traffic and failed to yield the right-of-way to the decedent, who was crossing the said Alaskan Way at a place reserved for pedestrian traffic. That due to the said accident, the decedent Isaac Levy, sometimes known as Robert Levy, was mortally wounded and died approximately 4 hours later in King County Hospital in Seattle, Wash., on the 26th day of September 1944.

That at the time of the death of the said Isaac Levy, the decedent left surviving him his wife, this claimant, Rebecca Levy, Samuel Levy, a son who was at that time 20 years of age, and who was serving in the United States Navy, Mildred Levy, then 17 years of age, and Evelyn Levy, who was then 6 years of age, and who is now 10 years of age.

That the undersigned, Rebecca Levy, herein makes claim against the United States Government, and particularly against the War Department or such branch of the United States Government as may be responsible for damages in such sum as a board of the United States Government may determine she is lawfully entitled to for the death of her husband, for damages sustained by her and her children, the afore-mentioned children of the decedent. That the claimant asks for $30,000 as damages.

REBECCA LEVY.

Subscribed and sworn to before me this 1st day of August 1947.

A. L. MASLAN, Notary Public in and for the State of Washington, residing at Seattle.

81ST CONGRESS HOUSE OF REPRESENTATIVES 1st Session

JESSE A. LOTT

{

REPORT No. 235

MARCH 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. 32341

The Committee on the Judiciary, to whom was referred the bill (H. R. 3234) for the relief of Jesse A. Lott, having considered the same, report favorably thereon without amendment and recommend by that the bill do pass.

An identical bill was favorably reported by the committee and passed the House in the Eightieth Congress, but no action was taken by the Senate before adjournment.

The facts will be found fully set forth in House Report No. 1331, Eightieth Congress, second session, which is appended hereto and made a part of this report.

(H. Doc. No. 1331, 80th Cong., 2d sess.]

The evidence shows conclusively that Jesse A. Lott was enlisted in the United States Shipyard Volunteers of the Public Service Reserve to aid the Nation in its imperative need for merchant ships with which to overcome the submarine menace and maintain our forces at the front during World War I. There is also satisfactory evidence showing that the claimant was injured during such service.

There is further evidence that Mr. Lott was not aware of his right to file claim within the 1 year following the injury, as required by law.

Your committee feel that in view of the evidence submitted Mr. Lott should have the right to file his claim and have it considered upon its merits and, therefore, recommend the passage of the measure.

The Maritime Commission on May 13, 1939, made a report on a similar bill (H. R. 3347) which is made a part of this report:

Hon. REUBEN T. WOOD,

UNITED STATES MARITIME COMMISSION,
Washington, D. C., May 13, 1939.

Chairman, Committee on War Claims,

House of Representatives.

MY DEAR MR. CHAIRMAN: You have requested the Commission to submit its views and recommendations with respect to H. R. 3346 and H. R. 3347, each of which is a bill for the relief of Jesse A. Lott.

died on the 26th day of September 1944, as a direct result of an accident which occurred at the intersection of Pine Street and Alaskan Way, in the city of Seattle, on the morning of the said date, at about the hour of 6 a. m. That the claimant asks for $30,000 as damages. Claimant alleges that she is the duly and regularly appointed administratrix of the estate of her husband, Isaac Levy, sometimes known as Robert Levy. That the decedent was walking on Alaskan Way at the intersection of Pine Street and Alaskan Way, and was crossing Alaskan Way when struck by a truck driven by Pvt. Elias Redd, due to the negligent and careless driving of the said Elias Redd. That the negligence and carelessness of the said Elias Redd constituted in that at the time of the accident it was foggy and dark, and the said Elias Redd drove his Army truck at a rate of speed in excess of that allowed by law. That the said Elias Redd drove in the inside lane of traffic and failed to yield the right-of-way to the decedent, who was crossing the said Alaskan Way at a place reserved for pedestrian traffic. That due to the said accident, the decedent Isaac Levy, sometimes known as Robert Levy, was mortally wounded and died approximately 4 hours later in King County Hospital in Seattle, Wash., on the 26th day of September 1944.

That at the time of the death of the said Isaac Levy, the decedent left surviving him his wife, this claimant, Rebecca Levy, Samuel Levy, a son who was at that time 20 years of age, and who was serving in the United States Navy, Mildred Levy, then 17 years of age, and Evelyn Levy, who was then 6 years of age, and who is now 10 years of age.

That the undersigned, Rebecca Levy, herein makes claim against the United States Government, and particularly against the War Department or such branch of the United States Government as may be responsible for damages in such sum as a board of the United States Government may determine she is lawfully entitled to for the death of her husband, for damages sustained by her and her children, the afore-mentioned children of the decedent. That the claimant asks for $30,000 as damages.

REBECCA LEVY.

Subscribed and sworn to before me this 1st day of August 1947.

A. L. MASLAN, Notary Public in and for the State of Washington, residing at Seattle.

O