Chap. 548.—An ACT to provide for the payment of $1,298.28, subject to a
credit of $114.00 to John H. McClellan to satisfy a judgment obtained against
one R. B. Whitten, an agent and servant of the Commonwealth of Virginia,
and employed by the highway department, as provided by law. (S B 36}

Approved March 29, 1926.

Whereas, in the year nineteen hundred and twenty, the State high-
way commission, on its own account in the discharge of its duties, was
building a bridge across a stream known as Looney’s creek in the
county of Botetourt, Virginia, and,

Whereas, the said highway commission had in its employ sundry
agents, servants, engineers and foremen and at that time had in its
employment as a foreman superintending the construction of the said
bridge, one R. B. Whitten, and,

Whereas, while so engaged on behalf of the Commonwealth through
the said highway commission, the said R. B. Whitten left open in the
highway, approaching said bridge, a large excavation and negligently
failed to have any barrier or obstruction, light or other warning to
prevent travelers from riding or driving into said excavation which
was about eleven feet deep and eight feet wide, and,

Whereas, one John H. McClelland, a citizen of Rockbridge, was
passing along the highway known as Lee highway from the city of
Roanoke to his home near Natural Bridge in the night time, and with-
out negligence or fault on his part, and without warning of any kind,
drove his car into the said excavation with the result that he was pain-
fully and seriously injured personally and his automobile was prac-
tically destroyed, and,

Whereas, the said John H. McClelland not having any authority
to sue the said highway commission or commissioners because they
were, under the law, an integral part of the Commonwealth, had only
as his remedy to sue the party or parties directly and personally guilty
of the negligence, and therefore had to rely upon his suit against the
said R. B. Whitten, and,
Whereas, the said John H. McClelland brought his said suit
against the said R. B. Whitten in the circuit court of Botetourt county
and obtained judgment against the said Whitten for the sum of twelve
hundred dollars with legal interest thereon from the seventh day of
March, nineteen hundred and twenty-four, until paid, together with
ninety-eight dollars and twenty-eight cents costs. And this case was
subsequently carried to the court of appeals and the said court of ap-
peals expressly held and decided that the amount of damages awarded
was fully justified by the facts, and,

Whereas, the said John H. McClelland through his attorneys,
made every effort to collect the said judgment from the said R. B.
Whitten but was only able to collect as a credit thereon the sum of one
hundred and fourteen dollars as of May fourteenth, nineteen hundred
and twenty-four, and thereafter the said R. B. Whitten took the bene-
fit of the bankrupt law and thus escaped the payment of this judg-
ment, and therefore the said John H. McClelland has no other remedy
than to appeal to the law making body of the State to give redress for
injuries adjudicated to have been received at the hands of the agents
and servants of the Commonwealth, now, therefore,

1. Beit enacted by the general assembly of Virginia, That there
be, and is hereby, appropriated the sum of twelve hundred and ninety-
eight dollars and twenty-eight cents subject to a credit of one hundred
and fourteen dollars as of May fourteenth, nineteen hundred and
twenty-four, to pay to John H. McClelland the amount of a judgment
recovered by him against one R. B. Whitten, an agent and servant of
the Commonwealth of Virginia and employed by the State highway
department; and the auditor of public accounts is hereby directed to
draw his warrant in favor of the said John H. McClelland or to his
attorney of record, for the said sum, subject to the said credit.