AN ACT to confer jurisdiction upon the court of claims to hear and determine the claim of Margaret C. Bogan, as administratrix of the personal estate of John R. Bogan, deceased. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Jurisdic Section 1. Jurisdiction is hereby conferred upon the court of tion conclaims to hear and determine the claim of Margaret C. Bogan, ferred. as administratrix of the personal estate of John R. Bogan, deceased, to recover damages for the death of the said John R. Bogan, resulting from injuries received by him, on or about November fifteenth, nineteen hundred and twenty-four, while riding in an automobile over and upon a recently improved highway in the town of Theresa, Jefferson county, known as the West CornersRedwood county highway, number fifteen hundred and seventyseven-a, in the county of Jefferson, which was being used for traffic, but not formally accepted and placed under the maintenance and repair system by the state commissioner of highways; that the said injuries resulted from the omission of barriers, red lights or adequate warning signals to protect the public from a defective and dangerous condition existing in said highway; and if the court shall find that the said highway at the point of accident was defective and dangerous and there was an omission of barriers, red lights or adequate warning signals, and that the death of said John R. Bogan was caused by such dangerous conditions and omissions, the state shall be deemed to have been liable for such conditions and omissions and the court shall make such award to said administratrix as will reasonably compensate the estate of the said John R. Bogan for his death as aforesaid. of this § 2. The purpose of this act is to confer jurisdiction on the Purpose court of claims to hear and determine the claim for damages to act. the estate of John R. Bogan, deceased, by reason of his death, as the result of an accident on the highway known as West CornersRedwood county highway number fifteen hundred and seventyseven-a, in the county of Jefferson, on or about the fifteenth of November, nineteen hundred and twenty-four, regardless of the provisions of the highway law or any other statute to the contrary, and the state hereby consents to have its liability determined herein, provided a claim pursuant to the provisions of this act shall be filed within six months after this act takes effect. § 3. This act shall take effect immediately. Jurisdiotion conferred. Purpose of this act. CHAPTER 399 AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of Floyd H. Wells for reimbursement of moneys deposited with the superintendent of public works, bureau of highways. Became a law April 8, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim of Floyd H. Wells against the state of New York, to recover moneys deposited with the state superintendent of public works, bureau of highways, in the submission of a contract bid or proposal for the improvement of the Woodville-Bristol Springs and the Bristol Springs-Cheshire, part one, federal aid highway number eight thousand one hundred and fifty-six, Ontario county; said contract bid or proposal and the accompanying deposit of moneys having been solicited and invited through alleged void and unauthorized acts of the state superintendent of public works and the state commissioner of highways, and if the court shall find that said contract bid or proposal was submitted and said moneys deposited through and by reason of void and unauthorized acts of the state superintendent of public works and the state commissioner of highways, or either of them, the court shall make an award thereon and render judgment against the state and in favor of the claimant, Floyd H. Wells, for such sum as the court may determine to be justly due, notwithstanding the failure of said claimant to file a claim or notice of intention to file such claim within the time prescribed by section fifteen of the court of claims act. The state hereby consents to have its liability on such claim determined. § 2. The purpose of this act is to confer jurisdiction on the court of claims to hear and determine this claim and nothing herein contained shall be held as admitting the validity of such claim or any part thereof, upon the part of the state, nor as waiving a defense of the state thereto except that such claim shall not be impaired or defeated on account of the failure to file the claim or notice of claim within the time prescribed by statute provided a claim pursuant to the provisions of this act shall be filed within six months after this act takes effect. § 3. This act shall take effect immediately. CHAPTER 400 AN ACT to amend the general business law, in relation to liability of hotelkeepers. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 25, $ 201 'Section 1. Section two hundred and one of chapter twenty-five L. 1909, of the laws of nineteen hundred and nine, entitled "An act relating to general business, constituting chapter twenty of the amended. consolidated laws," as last amended by chapter five hundred and six of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows: § 201. Liability for loss of clothing and other personal property limited. No hotelkeeper except as provided in the foregoing section shall be liable for damage to or loss of wearing apparel or other personal property in the room or rooms assigned to a guest for any sum exceeding the sum of five hundred dollars, unless it shall appear that such loss occurred through the fault or negligence of such keeper, nor shall he be liable in any sum exceeding the sum of one hundred dollars for the loss of or damage to any such property when delivered to such keeper for storage or safe keeping in the store room, baggage room or other place, elsewhere Ithan in the room or rooms assigned to such guest, unless at the time of delivering the same for storage or safe keeping such value in excess of one hundred dollars shall be stated and a written 1 receipt, stating such value, shall be issued by such keeper, but in no event shall such keeper be liable beyond five hundred dollars, unless it shall appear that such loss occurred through his fault or negligence, and such keeper may make a reasonable charge for storing or keeping such property, nor shall he be liable for the loss of or damage to any merchandise samples or merchandise for sale, unless the guest shall have given such keeper prior written notice of having the same in his possession, together with the value thereof, the receipt of which notice the hotel keeper shall acknowledge in writing over the signature of himself or his agent, but in no event shall such keeper be liable beyond five hundred dollars, unless it shall appear that such loss or damage occurred through his fault or negligence; as to property deposited by guests or patrons in the parcel or check room of any hotel or restaurant, the delivery of which is evidenced by a check or receipt therefor and for which no fee or charge is exacted, the proprietor shall not be liable beyond seventy-five dollars, unless such value in excess of seventy-five dollars shall be stated upon delivery and a written receipt stating such value, shall be issued, but he shall in no event be liable beyond one hundred dollars, unless such loss 1 Section 201 was repealed and reenacted by L. 1924, ch. 506. Jurisdiction conferred. Saving clause. Evidence. Claim to be filed. Failure to file claim heretofore. Notwithstanding any occurs through his fault or negligence. CHAPTER 401 AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the claim of Francesco Valerio against the state for the unpaid amount and value of certain work performed and materials furnished in connection with a certain highway construction contract, and to render judgment therefor. Became a law April 8, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claim of Francesco Valerio, of Stamford, Connecticut, as assignee of the Pierson Engineering and Construction Company, Incorporated, and of Benedict M. Holden, as the duly appointed receiver of said Pierson Engineering and Construction Company, Incorporated, for the unpaid amount and value of work, labor and services rendered and performed and for materials furnished, including certain extra work performed and materials furnished, under, arising out of and incident to a certain contract with the state of New York for the construction and improvement of a certain highway in the county of Westchester, state of New York, which said contract was otherwise known as road contract number one thousand three hundred and six, and for failure to make and pay proper estimates therefor; and said court of claims may award and render judgment for the amount justly and equitably found due and owing therein to said Francesco Valerio. § 2. Nothing in this act shall be construed as passing upon the merits of such claim or assuming liability on the part of the state, nor as debarring the state from interposing any legal or equitable defense to the alleged claim or any part thereof, and no award shall be made or judgment rendered herein against the state, unless sustained by such legal evidence as would create liability in a court of law or equity against an individual or corporation, nor unless such claim shall be filed in the court of claims within six months after this act takes effect; but such claim shall not be defeated nor the jurisdiction of such court impaired because of the failure on the part of said Francesco Valerio to file such claim or notice of intention to file such claim as provided by section fifteen of the court of claims act, formerly section two hundred and sixty-four of the code of civil procedure. § 3. This act shall take effect immediately. 1 Following sentence new. CHAPTER 402 AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of Wanda E. Shutts against the state for personal injuries caused through the alleged negligence of the state, its officers or agents, on the sixth day of June, nineteen hundred and twenty-four, while oiling a state road in the vicinity of Dundee, Yates county, and to render judgment therefor. Became a law April 8, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: tion Section 1. Jurisdiction is hereby conferred upon the court of Jurisdicclaims to hear, audit and determine the claim of Wanda E. Shutts conferred. against the state for personal injuries received on the sixth day of June, nineteen hundred and twenty-four, while riding in an automobile owned and operated by one Allen D. Shutts on the state highway about one mile south of the village of Dundee, Yates county, by being struck by a motor truck owned by the state and operated by one Gerard Broderick, an employee in the bureau of highways of the state department of public works, while oiling such highway, and if the court shall find that such driver neglected to observe the presence of the automobile of said Allen D. Shutts upon such highway, or neglected to give warning of the approach of such truck, or neglected to turn or stop his motor truck in order to avoid a collision, or if the court shall find that the driver of Court may such truck was negligent in any respect, and that at the time the validity claimant was exercising reasonable care and caution, damages of claim therefor shall constitute a valid and legal claim against the state judgment. and the court may award to and render judgment for such claimant against the state in such sum or sums as it shall determine to be just and equitable. determine and render § 2. Nothing in this act shall be construed as passing upon the saving merits of such claim nor as debarring the state from interposing clause. any legal or equitable defense to the alleged claim or any part thereof, and no award shall be made against the state unless sustained by such legal evidence as would create a liability in a court Evidence. of law or equity against an individual or corporation, provided claim to such claim is filed with the court of claims within one year after be filed. this act takes effect. § 3. This act shall take effect immediately. |