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offices of the court of claims and the attorney-general on or about April twenty-seventh, nineteen hundred and twenty-three, for increased cost of the work performed and materials furnished, in connection with state highway repair contract number thirteen hundred and seven, for the repair of Westport-Wadhams Mills county highway number twelve hundred and eighty-five, county of Essex, occasioned by the alleged acts, faults and omissions of the state of New York, its officers, agents and servants, and for damages for breach of said contract, notwithstanding the failure Notwithof said claimant to file such claim within the time prescribed by failure to section twelve of the court of claims act.

§ 2. The state hereby consents to have its liability on such Liability claim determined, but nothing herein contained shall be held as of state. admitting the validity of such claim or any part thereof, upon the part of the state, nor as waiving any defense of the state thereto, the object of this act being merely to excuse and waive the failure of filing of said claim within the time prescribed by statute. The claim to jurisdiction conferred by this act shall not attach, unless the claim be filed within six months after this act takes effect.

§ 3. This act shall take effect immediately.

file claim.

be filed.

CHAPTER 422
AN ACT to confer jurisdiction on the court of claims, to hear, try and

determine the claim of Gledhill and Putnam, Incorporated, against the
state for damages to real property alleged to have been sustained by it
by reason of the negligence of the state, its agents or employees in the
construction of a highway in Steuben county, and failure to adequately

and properly shore and protect a retaining wall adjacent thereto. 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 Gledhill and conferred. Putnam, Incorporated, against the state for damages to real property alleged to have been sustained by it by reason of the negligence of the state, its agents or employees in the construction of a highway in the county of Steuben known as the Hammondsport-Gulickville highway whereby a retaining wall along the course of such highway and adjacent to the property of claimant

overloaded and not properly shored and strengthened to protect adjoining private property thereby causing such wall to press against and push the buildings on the property of claimant from their foundation and diverting large quantities of surface water upon the lands of claimant and around such buildings, notwithstanding the lapse of time since Notwithsuch claim or any part thereof accrued or the failure to do any lapse of act in relation to the presentation of such claim within the time time. prescribed by law, and, if the court shall find that the claimant

was

Court may sustained injuries to its real property and that such injuries were judgment. caused by the negligence of the state or its agents or employees,

while acting in the course of their employment, in the construction of such highway or in overloading such retaining wall or in failing to properly shore or strengthen such wall or in diverting the natural course of surface water or increasing the volume or quantity thereof and, in equity and justice, the state should pay therefor, damages for such injuries 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 therefor for such sum 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 shall take effect.

§ 2. This act shall take effect immediately.

Claim to be filed,

Jurigdiction conferred.

CHAPTER 423
AN ACT conferring jurisdiotion upon the court of claims to hear, audit

and determine the claim of Alwilda Hartman, as committee of the per-
son and property of Josiah Hartman, for personal injuries to the latter

while he was a patient in the Rochester State Hospital. 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 against the state of Alwilda Hartman, as committee of the person and property of Josiah Hartman, for damages on account of personal injuries alleged to have been sustained by the said Josiah Hartman on or about the twenty-second day of February, nineteen hundred and twenty-four, in the laundry of the Rochester State Hospital at Rochester, a state institution for the insane, by reason of the alleged negligence of the state by its agents or employees in permitting the said Josiah Hartman, while a patient in such institution and unable to care for himself, to be employed in the laundry of such institution and further in supplying to him in his work machinery which was obsolete, improperly guarded, and not equipped with safety devices in compliance with the industrial code. If the facts above set forth shall be substantially proven to the satisfaction of the court and the court shall find that in justice and equity the state should award damages to the claimant on account thereof, such claim shall constitute a valid claim against the state and the court may award to the claimant judgment in her behalf against the state for such sum as the court may find to be just and reasonable notwithstanding the failure of the claimant to file notice of intention to file such claim within the time limited therefor by statute; provided the claim allowed by this act shall be filed with the court of claims within one year after this act takes effect.

§ 2. This act shall take effect immediately.

Court may award judgment notwithstanding failure to file notice of intention,

Claim to be filed.

CHAPTER 424
AN ACT to confer jurisdiction on the court of claims to hear, try and de-

termine the claim of William Hunt, Timothy Sullivan and Samuel G.
Wiley to recover from the state the sum of three hundred and fifty dollars
paid by them for the value of property belonging to prisoners at Great
Meadow Prison, which disappeared or was lost or stolen, while such

prisoners were confined in such 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 William Hunt, conferred. Timothy Sullivan and Samuel G. Wiley to recover from the state the sum of three hundred and fifty dollars paid by them for the value of property belonging to prisoners at Great Meadow Prison, which disappeared or was lost or stolen, while such prisoners were confined in such prison, notwithstanding the lapse of Notwithtime since such claim or any part thereof accrued or the failure lapse of to do any act in relation to the presentation of such claim within time. the time prescribed by law, and, if the court shall find that such Court may money was paid as alleged in such claim and, in equity and justice, Judgment. the state should pay such money to the claimants, the amount of money so paid 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 sum as shall be just and equitable, provided a claim therefor shall be duly filed with the court of Claim to claims within one year after this act shall take effect.

§ 2. This act shall take effect immediately.

be filed.

CHAPTER 425
AN AOT to confer jurisdiction on the court of claims to hear, audit and

determine the claim of William S. Jackson against the state for legal
services performed during the years nineteen hundred and twenty and
nineteen hundred and twenty-one, as special counsel to the public service

commission, first district, and to make an award 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 authorized to hear, Jurisaudit and determine the claim of William S. Jackson against the conferred. state for legal services performed by him during the years nineteen hundred and twenty and nineteen hundred and twenty-one, as special counsel to the public service commission, first district, in the gas rate actions and investigations incidental thereto, and if Conat may the court finds that such services were rendered and were not paid judgment.

Claim to be filed.

for because of lack of appropriation, the reasonable value of such services shall constitute a legal and valid claim against the state, and the court may award to and render judgment for the claimant against the state for such sum as shall be just and equitable, provided said claim is filed with the court of claims within six months after this act shall take effect.

$ 2. This act shall take effect immediately.

Juris. diction

CHAPTER 426
AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine the claim of George Hall for damages to property alleged to have
been sustained by him by the explosion of a gas tank which was being
operated in a building owned by the state at Saratoga Springs by and

under the direction and supervision of the state. 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 conferred. claims to hear, audit and determine the claim of George Hall

against the state for damages to property alleged to have been sustained by him, in the month of November, nineteen hundred and twenty-three, while his automobile was lawfully parked upon a public highway, by the explosion of a gas tank which was being operated by and under the direction and supervision of the state in a building owned by the state in the city of Saratoga Springs, New York, and which explosion caused an object or objects to be thrown

with force against his automobile; and if the court shall find that Judgment. such damage was caused by the negligence of the state or its

employees, while acting in the course of their employment and without contributory negligence on the part of the claimant, the state shall be deemed liable for such negligence and damages therefor shall constitute a legal and valid claim against the state, and the court shall award and render judgment for the claimant against the

state for such sum as shall be just and equitable. Saving

§ 2. Nothing in this act shall be construed as passing upon the merits of such claim or as precluding the state from interposing any legal or equitable defense and no award shall be made or judgment rendered against the state hereunder unless sustained by such legal evidence as would create a liability in a court of law or equity against an individual or corporation or unless such claim shall be filed with the court of claims within one year after this act takes effect.

§ 3. This act shall take effect immediately.

Court to render

clause,

Evidence.

Claim to be filed.

conferred.

CHAPTER 427
AN ACT to confer jurisdiction upon the court of_claims to determine the

claim of Maude B. Booth and the Mechanics and Farmers' Bank of Albany,
New York, executors of the last will and testament of Arnold Booth,

deceased.
Became a law April 8, 1925, with the approval of the Governor. Passed,

three-fifths being present.
The Feople 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 Juris-
claims to hear and determine the claim of Maude B. Booth, and concern
the Mechanics and Farmers' Bank of Albany, New York, as execu-
tors of the last will and testament of Arnold Booth, deceased, for
damages caused by the death of the said Arnold Booth, in Albany
county, New York, on or about July sixth, nineteen hundred and
twenty-three, by reason of the negligence of the state of New
York in the construction and maintenance of the state highway
extending northerly from Albany, New York, in the county of
Albany, known and distinguished as highway number one hun-
dred and nineteen, Loudon road, part two, in the town of Colonie,
county of Albany, state of New York, and if the court shall find Court may
that the death of the said Arnold Booth was caused by the negli- award.
gence of the state in the construction and maintenance of said
highway without any contributory negligence on his part, it shall
make such an award as will reasonably compensate the heirs and
next of kin of the said Arnold Booth for damages resulting from
his death as aforesaid.

§ 2. The purpose of this act is to confer jurisdiction on the Purpose of court of claims to hear and determine the claim for damages of this act. the executors of the last will and testament of Arnold Booth, deceased, by reason of his death as aforesaid, regardless of the provisions of any statutes of the state to the contrary notwithstanding, and the state of New York herein, hereby consents to have its liability determined under the provisions of this act upon any claim filed within six months after it takes effect.

$ 3. This act shall take effect immediately.

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CHAPTER 428
AN ACT to confer jurisdiction on the court of claims to hear, audit and

determine the alleged claim of Harold T. McCoy against the state for
damages and personal injuries sustained by him because of the alleged
negligence of the operators of a certain motor truck belonging to the

national guard of the state of New York, 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 authorized to hear, Jurisaudit and determine the claim of Harold T. McCoy of the village conferred.

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