CHAPTER 645
An Act for the relief of W. C. McCormack and others.

Approved April 4, 1952

Whereas, Addie Garland McCormack, the wife of W. C. McCormack
was on the 26th of June, 1950, while visiting the home of her son near the
Catawba Mountain in Roanoke County, cruelly struck down by a convict,

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who was then working on the highway near the home of her son, as a
consequence of which she died; and

Whereas, W. C. McCormack and others suffered great loss in mental
anguish by the death of Addie Garland McCormack, and, in addition,
expended large sums for medical expenses in a futile effort to restore her
to health, to no avail; and

Whereas, the foreman of the road force had been warned of his
dangerous nature, the convict was left unguarded and free to roam the
countryside at his will, while working on the highway; and

Whereas, W. C. McCormack has been heartlessly deprived of his wife
and he and others have suffered great loss upon the death of Addie Garland
McCormack, murdered by the action of a convict, roaming loose, for all of
which they have no remedy at law against the Department of Welfare and
Institutions as it is an agency of the State and there is no other means
by which they can be compensated for their loss; now, therefore,

Be it enacted by the General Assembly of Virginia:
1. There is hereby appropriated from the highway fund of the State
treasury the sum of ten thousand dollars as compensation for the death
of Addie Garland McCormack, caused by the negligence of servants of
the State, to be paid on warrant of the comptroller drawn on the State
treasurer as provided by law into the circuit court of Roanoke County for
distribution as hereinafter provided:
_ . First, the court shall direct the payment of all proper court costs
incident to such distribution. The court shall then direct in what propor-
tion the remainder shall be distributed to the surviving husband W. C.
McCormack, and children and grandchildren of the deceased. Among the
distributees the court shall have absolute discretion as to who shall receive
the whole or any part of such remainder. In determining the shares of the
distributees, however, the court shall give due consideration to all reason-
able and proper medical, hospital and funeral expenses incident to the
death of Addie Garland McCormack which shall have been paid or
advanced by any such distributee.