JUNE 19 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. ELLENDER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 8605] The Committee on Claims, to whom was referred the bill (H. R. 8605) for the relief of Mary Janiec and Ignatz Janiec, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: On page 1, line 5, strike out the figures "$5,000" and insert in lieu thereof "$3,000". The facts are fully set forth in House Report No. 2295, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2295, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 8605) for the relief of Mary Janiec, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 5, strike out the sign and figures "$6,500" and insert in lieu thereof "$5,000". Page 1, line 6, strike out the words "the estate of Adam Janiec" and insert in lieu thereof "Mary Janiec". Page 1, line 8, strike out the words "the said" and insert in lieu thereof "her son". Amend the title of the bill to read: "A bill for the relief of Mary Janiec." The purpose of the proposed legislation is to pay the sum of $5,000 to Mrs. Mary Janiec, of Passaic, N. J., in full settlement of all claims against the United States on account of the death of her son, Adam Janiec, on August 1, 1939, from injuries sustained while riding a motorcycle on July 28, 1939, on River Drive, Passaic, N. J. because of negligence on the part of employees of the W. P. A. engaged in work on W. P. A. project No. 6114-16. STATEMENT OF FACTS At the close of work on July 28, 1938, W. P. A. employees, while engaged on W. P. A. official project No. 665-22-1-370, a project for the laying of storm sewers, left a pile of dirt and other material on River Drive, Passaic, N. J., without setting out barricades or warning lights around it. This pile of dirt was approximately 10 feet long and extended about 8 feet from the curb line into the street. At about 11 p. m. on the date above mentioned a motorcycle, driven by Adam Janiec and carrying as a passenger one Frederick Kent, struck the unlighted pile of dirt, throwing both riders from the vehicle. While Frederick Kent received only minor lacerations of the right leg, Adam Janiec sustained a fracture of the skull which resulted in his death on August 1, 1939. Mr. Janiec was 25 years of age at the time he met his death. Prior to the accident he was permanently employed by the Junior Boy's Suit & Novelty Co. This young man left surviving him a father, Ignatius Janiec, aged 72 years, unemployed; his mother, Mary Janiec, aged 65, housewife; and a brother, John Janiec, aged 28, employed by the W. P. A. at a monthly rate of $52.80. While John Janiec was living at home at the time Adam was killed, it is stated that he was at the time contemplating marriage in the near future. The Work Projects Administration is of the opinion that the accident was due to the negligence of its employees in failing to set out warning lights around the pile of dirt that extended into the street from the curb line. The Administration accordingly recommends the enactment of the proposed legislation. Since this young man lived at home and contributed to the support of his aged parents, and since they are furthermore deprived of his companionship, your committee recommends that the sum of $5,000 be awarded to Mrs. Mary Janiec on account of his death. Appended hereto is the report of the Work Projects Administration, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, FEDERAL WORKS AGENCY, WORK PROJECTS ADMINISTRATION, Washington, D. C., April 25, 1940. Chairman, Committee on Claims, House of Representatives. MY DEAR MR. KENNEDY: Your records will disclose your communication of April 5, 1940, and my acknowledgment of April 18, 1940, relative to H. R. 8605, a bill for the relief of the estate of Adam Janiec. The Administration's report is as follows: The bill proposes to appropriate to the estate of Adam Janiec, of Passaic, N. J., the sum of $6,500, “in full settlement of all claims against the United States Government on account of the death of the said Adam Janiec on August 1, 1939, from injuries sustained while riding on a motorcycle on July 28, 1939, on River Drive, Passaic, N. J., because of negligence on the part of employees of the Work Projects Administration engaged in work on Work Projects Administration project numbered 6114-16." From an investigation conducted in the matter by the Work Projects Administration for New Jersey, it appears that, at the close of work on July 28, 1939, Work Projects Administration employees, while engaged on Work Projects Administration Official Project No. 665-22-1-370, a project for the laying of storm sewers, left a pile of dirt and other material on River Drive, Passaic, N. J., without setting out barricades or warning lights around it; that the pile of dirt was approximately 10 feet long and extended about 8 feet from the curb line into the street; that, at about 11 p. m., on the date in question, a motorcycle, driven by Adam Janiec and carrying as a passenger one Frederick Kent, struck the unlighted pile of dirt, throwing both occupants from the vehicle; and that, while Frederick Kent received only minor lacerations of the right leg, Adam Janiec sustained a fracture of the skull which resulted in his death on August 1, 1939. Upon the foregoing, the Administration is of the opinion that the accident was due to the negligence of its employees in failing to set out warning lights around the pile of dirt that extended into the street from the curb line. Accordingly, the Administration recommends the enactment of the proposed legislation. It is reported by Joseph F. A. Rubacky, M. D., attorney for the estate of Adam Janiec, that deceased was born on December 7, 1915; that, prior to his death, he was employed by the Junior Boy's Suit & Novelty Co., 463 River Road, Garfield, N. J., at an average salary of $14 per week; and that he left surviving him a father, Ignatz Janiec, aged 72 years, unemployed, his mother, Mary Janiec, aged 65 years, housewife, and a brother, John Janiec, aged 28 years, employed by the Work Projects Administration at a monthly rate of $52.80. In view of the salary reported to have been earned by deceased, it is believed that your committee will desire to decrease the amount of the proposed appropriation. Furthermore, since it is highly improbable that a 24-year-old person earning $14 a week left an estate, it is suggested that the present bill be amended so as to make the appropriation determined upon payable directly to deceased's parents in order to obviate the expenses attendant upon the administration of an estate. There are enclosed herewith photostatic copies of pertinent papers. CORRINGTON GILL, Memorandum. To: Mr. Fred S. Childs. From: Thomas W. Hays. As directed in your letter of August 2, 1939, to Mr. E. A. Devlin, operating engineer, Branch No. 1, I conducted a hearing at the branch office on August 3, in reference to the death of Adam Janiec, a nonemployee, which occurred on Project No. 6114-16, Passaic. I am attaching a copy of the minutes of this hearing. The circumstances surrounding the death of Mr. Janiec are as follows: The project consisted of laying a sanitary sewer line under the sidewalk. The sewer had been completed and all of the excavation, which had been piled in the street, had been removed, with the exception of a small pile, which had been left for the purpose of backfilling around a manhole being constructed at the center of the block. This pile of excavated material was approximately 10 feet long and extended into the street for a distance of about 8 feet from the curb line. On Friday, July 28, at 4:30 p. m., Mr. Thomas Driscoll, the superintendent, and Mr. F. O'Reilly, the squad boss, were at the project site. Mr. O'Reilly at that time had a bombshell in his hand which he was going to place on the pile of material which was lying in the street, but Mr. Driscoll told him that it was not necessary as an arc light approximately 30 feet away would provide sufficient light so that it would be unnecessary to place any lights on this pile. The Around 11 p. m. Friday evening Mr. Adam Janiec and a Mr. Kent were riding down this street on a motorcycle which was being driven by Mr. Janiec. motorcycle struck the unlighted pile of dirt throwing both occupants from the vehicle. Mr. Janiec sustained a fracture of the skull from which he died on Tuesday, August 1, at 3 p. m. Mr. Kent received minor lacerations of the right leg. During the hearing, Mr. Driscoll corroborated statements of Mr. O'Reilly that he had told him not to place this light on the pile of material as in his judgment it was not necessary, because the are light would provide sufficient lighting. Mr. Driscoll submitted a signed report to Mr. August Throm, area supervisor, on August 1, in which he misrepresented the location and condition of the pile of material which was in the street. During the hearing he admitted the statements he had put in this report were not correct. Mr. Driscoll also had Mr. O'Reilly sign this report and Mr. O'Reilly admitted, under questioning, the facts contained in it were not true. The only reason he signed it was at Mr. Driscoll's request. It is apparent that Mr. Driscoll realized his mistake in ordering Mr. O'Reilly not to place the light on this pile of material and attempted to minimize his responsibility in this case when he was questioned by the area supervisor and the project supervisor. His original statements to these men in no way represented the actual conditions at the project at the time of the accident. He acknowledged that he has been instructed, at various times, as to how projects must be posted at night and over the week ends and is familiar with these regulations, having received written instructions pertaining to them. It is my opinion that Mr. Driscoll should be given not less than 30 days' suspension and should not be returned to a supervisory capacity such as he now holds. In Mr. O'Reilly's case, although he acted under direct orders from Mr. Driscoll, who was his immediate superior, he, nevertheless, should have realized the danger of not posting this pile of material, and while not as responsible for this failure as Mr. Driscoll, I do not feel that he should be cleared entirely in this instance. I would recommend that Mr. O'Reilly be suspended for at least 1 week. T. W. HAYS. TRANSCRIPT PASSAIC POLICE BLOTTER Time: 10:58 p. m. Date of accident: July 28, 1939. Weather condition: Clear and dry pavement. Place: River Road near Paulison Avenue, Passaic. Nature of accident: Motorcycle ran into pile of dirt. Injured: Adam Janiec, age 22, 198 Ninth Street, Passaic, Frederick Kent, age 19, 43 Bradford Street., Glen Rock, N. J. Report: Adam Janiec driving an Indian motorcycle going south on River Road and Frederick Kent riding the tandem on the cycle, ran into a pile of dirt which was left in the road. The W. P. A. is laying a storm sewer in that section. Adam Janiec and Frederick Kent were rushed to the hospital by Officers Belli and Norstedt.. Adam Janiec is in a critical condition with a fractured skull. Frederick Kent received a severe abrasion on left foot, and an abrasion on left forearm. Damage to cycle, headlight, and two flat tires, the cycle is in the police garage. O. J. THROM. To: Mr. T. W. Hays. From: Mr. E. S. Jones. AUGUST 2, 1939. When the motorcycle struck the sand the two men were thrown off. Motorcycle has both tires blown out and front bent. Janiec sustained a fracture of skull from which he died about 3 p. m. Tuesday, August 1, 1939. Kent received minor laceration of right leg. He was treated at St. Marys Hospital, Passaic, where both were taken. Operating engineer is sending report with duplicate statements of Throm, O'Reilly, and Driscoll and will send copies for you. My first knowledge of this case was at 10:30 a. m., on Tuesday (from operating engineer). While at warehouse at 3:30 p. m. I received a rumored report man was not going to live. I went to project at 4:35 p. m. having stopped at St. Marys Hospital to get a report of condition of men and job had closed down. I stayed at police station from 5:30 to 8 p. m. to get records of detectives assigned. I went back to project this a. m., and interviewed Driscoll and O'Reilly and then went to police headquarters where I was informed the detectives report was locked in his desk and would not be available until 5 p. m. today. I see no reason now for getting this report and will consider this a final report. Janiec lived with his mother and father at the above address. Death certificate gives cause of death as "compound fracture of skull." E. S. JONES. STATE OF NEW JERSEY, County of Passaic, ss: Ignatz Janiec of full age, being duly sworn according to law, upon his oath deposes and says that: 1. I am the father of Adam Janiec who departed this life on August 1, 1939. 2. My wife, and the mother of the said Adam Janiec, deceased, is Mary Janiec whose maiden name was Mary Hmura. Her age on the aforesaid date was 65 years old; and her occupation has always been that of a housewife. 3. My age on the aforesaid date was 72 years and I am now unemployed and have been for the past 16 years. 4. The only other child living as a result of our marriage is John Janiec (now 28 years of age), who is presently employed by the Works Progress Administration, in this district, at a monthly wage of $52.80. 5. At the time my son, Adam, died he was unmarried and employed by the Junior Boy's Suits & Novelty Co., No. 463 River Road, Garfield, N. J., at an 1 Not printed. average salary of $14 per week. All of his income was turned over to his parents on every pay day, but miscellaneous expenses were allowed him as the occasion demanded. Sworn and subscribed before me this 21st day of March 1940. IGNATZ (his thumb mark) JANIEC. Jos. T. C. RUBACKY, STATE OF NEW JERSEY, County of Passaic, ss: John Janiec, of full age, being duly sworn according to law upon his oath deposes and says that: 1. I am the brother of Adam Janiec, who died on August 1, 1939, as a result of an accident which he sustained on July 28, 1939, when his motorcycle struck a dirt-and-rock pile on Works Progress Administration project No. 6114-16, which was negligently left unguarded at night without any danger signal, signs, or lights and without barricades or watchmen. 2. Sometime before 4 a. m. on the morning following, i. e., July 29, 1939, I was apprised of my brother's serious injuries and soon thereafter went to visit the scene of his accident, which was located on the northerly side of River Drive, Passaic, N. J., between Gregory Avenue and Paulison Avenue in the same city. 3. When I arrived at the scene of said accident, I was able to identify wheel marks in the pile of dirt. This dirt pile was about 5 feet at its highest point and sloped downward and outwardly, with a drop of about 2 to 3 feet. It was about 20 feet long and extended into the street about 10 feet from the northerly curb. As I approached the dirt pile in a southerly direction, in front of said dirt pile, there was another pile of broken concrete which was about 3 feet wide and about 11⁄2 feet high. A Passaic police headquarters bomb light was placed upon the dirt pile. 4. From my observation of the surroundings, there was no other sufficient light in the immediate neighborhood to illuminate properly either the rock pile or the sand pile. The nearest street light is a 60-candlepower light hung on a bracket from a street pole which extends about 8 feet into the highway. This is located in front of the Purity Drug Building, as indicated on the survey attached hereto. The lamp is on a gooseneck projection with a reflector set so that the light is thrown down upon River Drive. As you examine this light, there is a bright inner rim of light which has a radius of about 15 feet and an outer rim of dim light which extends another 3 feet. Even with this lamp illuminated, neither the dirt pile nor the rock pile could be seen in time to avoid injury or damage while riding or driving in the same direction and in the same traffic lane as my brother's motorcycle was operated on the night aforementioned. 5. My brother's motorcycle had been removed to Passaic police headquarters. The photos, which are also attached hereto, are true and accurate pictures of same immediately after the accident and have not been retouched. The physical condition of the motorcycle was not changed, altered, or damaged in any way to misrepresent or misguide others. 6. According to my best recollection, the weather was dry and clear. Sworn and subscribed before me this 21st day of March, 1940. JOHN JANIEC. Jos. T. A. RUBACKY, STATE OF NEW JERSEY, County of Passaic, ss: Cornelius Struyk, of full age, being duly sworn according to law, upon his oath deposes and says that: 1. I am a member of the Passaic Police Department, since May 1, 1920, and have been attached to its detective bureau for the past 5 years. 2. On July 28, 1939, I immediately responded to a police call which came into headquarters at 10:58 p. m. and went to the scene of an accident which had occurred on River Drive, between Gregory Avenue and Paulison Avenue, Passaic, N. J. Detective Edward Belli accompanied me in a radio car. Officers George Molner and Sam Calvin followed. |