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Jurisdiction conferred.

CHAPTER 403
AN ACT to confer jurisdiction upon the court of claims to hear, audit and

determine the claim of Wanda E. Shutts, as administratrix of the estate
of Allen D. Shutts, deceased, against the state for damages for the death
of said decedent 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. Passed,

three-fifths being present. 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 Wanda E. Shutts, as administratrix of the estate of Allen D. Shutts, deceased, against the state for damages for the death of said decedent, who died from injuries received on the sixth day of June, nineteen hundred and twenty-four, while driving an automobile on the state highway about one mile south of the village of Dundee, Yates county, by being struck and colliding with 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 Court may such state highway, and if the court shall find that such driver

neglected to observe the presence of the automobile of the said

Allen D. Shutts upon such highway, or neglected to give warning judgment. 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 such truck was negligent in any respect, and that at the time the said Allen D. Shutts was exercising reasonable care and caution, damages therefor shall constitute a valid and legal claim against the state 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.

$ 2. Nothing in this act shall be construed as passing upon the merits of such claim nor as debarring the state from interposing

any legal or equitable defense to the alleged claim or any part Evidence. thereof, and no award shall be made against the state unless sus

tained by such legal evidence as would create a liability in a court of law or equity against an individual or corporation, provided such claim is filed with the court of claims within one year after this act takes effect.

§ 3. This act shall take effect immediately.

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Saving clause.

Claim to be Aled.

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CHAPTER 404
AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine an alleged claim of Marron, Kearton and Wahrman, Incor-
porated, against the state for damages to property alleged to have been

sustained by said corporation, and to render judgment therefor.
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:

Section 1. The court of claims is hereby given jurisdiction and Juris-
authorized to hear, audit and determine the claim of Marron, conferred.
Kearton and Wahrman, incorporated, a domestic corporation with
principal office and place of business in the city of Albany, against
the state of New York for damages to property sustained by reason
of an army ambulance of the tenth infantry, New York guard, be-
ing driven in collision with a taxicab owned by Marron, Kearton
and Wahrman, incorporated, on Dongan avenue in the city of
Albany on March twenty-sixth, nineteen hundred and twenty-four,
and if the court finds that the damage to said taxicab was caused by
the negligence of the state or an officer or employee thereof, and
without fault or negligence of the driver of said taxicab such claim
shall constitute a legal and valid claim against the state, and the
court may award to the claimant and render judgment in its favor
against the state for such sum as the court shall deem just and
equitable and notwithstanding the failure of the claimant to file Notwith-
any notice of intention to file such claim, provided such claim shall stanudriest
be filed with the court of claims within six months from the ble notice
passage of this act.

§ 2. Nothing herein contained shall be held as admitting the Saving validity of such claim or any part thereof upon the part of the state, nor as waiving any defense of the state thereto except that such claim shall not be impaired or defeated on account of the failure to file the notice of claim within the time prescribed by statute.

This act shall take effect immediately.

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CHAPTER 405
AN ACT to confer jurisdiction on the court of claims to hear, try and

determine the claim of Patrick Quinlan against the state for the value
of an automobile owned by him, which was stolen by a convict while it

was being used in the service of the state at Great Meadow Prison.
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:

Section 1. Jurisdiction is hereby conferred on the court of Jurisclaims to hear, try and determine the claim of Patrick Quinlan confected.

against the state for the value of an automobile owned by him, which was stolen by a convict, on or about June twenty-eighth nineteen hundred and twenty-three, while it was being used in the service of the state at Great Meadow Prison, notwithstanding the lapse of time since such claim accrued or the failure to do any act in relation to the presentation of such claim within the time prescribed by law, and, if the court shall find that such automobile was stolen as alleged in such claim and, in equity and justice, the state should pay therefor, the value of such automobile shall constitute a valid and legal claim and obligation for which the state is liable and the court may make an award and render judgment for such amount as shall be just and equitable, provided a claim therefor shall be duly filed with the court of claims within one year after this act takes effect.

§ 2. This act shall take effect immediately.

Claim to be fled.

Juris. diction conferred.

CHAPTER 406
AN ACT to confer jurisdiction upon the court of claims to hear, audit and

determine the alleged claims of the Palmetto Fire Insurance Company,
of Sumter, South Carolina, and Fidelity Fire Insurance Company, of
Sumter, South Carolina, against the state for reimbursement of sums paid
to the state of New York in payment of bills for taxes erroneously as-

sessed by the New York state insurance department. 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:

Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claims of the Palmetto Fire Insurance Company, of Sumter, South Carolina, and the Fidelity Fire Insurance Company, of Sumter, South Carolina, against the state for reimbursement of taxes alleged to have been erroneously and illegally assessed against them by the insurance department of the state of New York, during the years nineteen hundred and eighteen to nineteen hundred and twenty-two, both inclusive, and paid by said companies to the state of New York in payment of bills submitted by the state insurance department under the provisions of the New York state insurance law; and to make an award and render judgment therefor against the state of New York and in favor of each of said claimants.

$ 2. The court of claims shall award to and render judgment certain ir- for each such claimant whose claim is satisfactorily established, regularities. notwithstanding the lapse of time since the date of payment of

any such tax, or the fact that any such payment was not made under protest, or the failure of such claimants to file such claims,

or notice of intention to file the same within the time and in the Liability manner prescribed by section fifteen of the court of claims act;

provided, however, that nothing in this act shall be deemed or construed to have acknowledged or created any liability on the

Notwithstanding

not acknowledged; defenses.

part of the state, nor to debar the state from any legal or equitable
defense which it would otherwise have against the alleged claims,
except that the claims shall not be impaired or defeated on account
of the lapse of time since the date of each such payment, or the
fact that any such payment was not made under protest, or the
failure of such claimants to file such claims or notice of intention
to file the same within the time and in the manner prescribed by
section fifteen of the court of claims act. The state hereby con- Claims to
sents to have its liability for such claims determined, providing be filed.
such claims be filed with the court of claims and the attorney-
general within six months after the taking effect of this act.

§ 3. This act shall take effect immediately.

CHAPTER 407

AN ACT to confer jurisdiction on the court of claims to hear, try and

determine the claims of James M. Allen and James A. Allen, as admin-
istrators of the estate of Lawrence Allen, deceased, against the state for
personal injuries resulting in decedent's death on the thirteenth day of
April, nineteen hundred and twenty-four, in the town of West Sparta, Liv.

ingston county, and to render judgment therefor.
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:

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Section 1. Jurisdiction is hereby conferred on the court of Jurisclaims to hear, try and determine the claim of James M. Allen and diction James A. Allen as administrators of the estate of Lawrence Allen, deceased, against the state for damages on account of the death of the said Lawrence Allen on the thirteenth day of April, nineteen hundred and twenty-four, on the improved state and county highway, being the direct highway, running from Mount Morris, Livingston county, to Dansville, Livingston county, and in the town of West Sparta, in such county, at or near premises owned and occupied by persons named Wyant and McNair, and northerly from their residence a short distance from a curve in such highway, alleged to have been caused through the alleged negligence of the state of New York, while the decedent was lawfully proceeding upon and along such highway, by failing to maintain such highway in proper and suitable condition, whereby the same became and was defective and dangerous; and if the court shall find Liability of that such highway was not maintained in proper and suitable condition or that the construction or maintenance of such highway was in any way defective or improper, and that the death of the said Lawrence Allen was caused by one or more of such conditions, the state shall be deemed to be liable for such condition, defect or omission and the court shall make such award as will reasonably Court to compensate the claimants for the damage sustained by the death of make

. the said Lawrence Allen,

state,

Jurisdiction to attach without refiling of notice of intention or claim,

§ 2. The notice of intention to file such claim and such claim having been duly filed within the statutory time, as prescribed by law, jurisdiction herein shall attach without the refiling of such notice of intention or such claim.

§ 3. This act shall take effect immediately.

Jurisdiction conferred.

CHAPTER 408
AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine the alleged claim of William F. Campion against the state,
under a contract for removing cinders and other rubbish from certain

public buildings, and to render judgment therefor. 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:

Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the alleged claim of William F. Campion against the state for balance due under an alleged contract between the said William F. Campion and Wendell M. Bender, as acting superintendent of public buildings, dated April thirtieth, nineteen hundred and nineteen, for the removal of cinders from the boiler house, and rubbish and cinders from the

geological hall, temple of justice, executive mansion and capitol; Liability of und if the court finds that such contract was made by the acting

superintendent of public buildings, and the work performed thereunder was necessary and was actually performed, the state shall

be deemed to have been liable herefor and the amount due shall Court may constitute a legal and valid claim against the state, and the court Judgment. may award and render judgment for the claimant for such sum

as shall be just and equitable, notwithstanding the lapse of time since such claim or any part thereof accrued or the failure to do any act in relation to the presentation of such claim within the time prescribed by law, but no award shall be made or judgment rendered hereunder against the state unless sustained by such legal evidence as would create a liability in a court of law or equity against an individual or corporation, nor unless such claim shall be filed with the court of claims within three months after this act takes effect.

§ 2. This act shall take effect immediately.

state.

Evidence.

Claim to be filed.

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