CHAPTER 649

An Act for the relief of Mrs. Hazel D. Jackson.
[H 42]

Approved April 7, 1954

Whereas, on November 14, 1958, Comer C. Jackson was riding in an
automobile on Route 5, and between 5:35 A.M. and 5:45 A.M. such auto-
mobile entered upon the eastern approach to the open draw span of
Barret’s Ferry Bridge over the Chickahominy River; and

Whereas, unknown to the passengers in such automobile, the draw
span on such bridge was open and there were no warning lights to advise
travelers that such span was open; and

Whereas, such automobile, together with the passengers therein,
without negligence on the part of any of them or the driver, drove off
the bridge through the open draw span and plunged into the water, drown-
ing all of the passengers, among them being Comer C. Jackson; and

Whereas, Mrs. Hazel D. Jackson of Williamsburg, the widow of
Comer C. Jackson, through the negligence or failure to use due care on
the part of the Virginia Department of Highways by placing warning
devices or using an interlocking warning system connected with the span
opening mechanism, has sustained a grievous loss in the death of her
husband, Comer C. Jackson, and she is without remedy at law to com-
pensate her for the loss of her husband; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. There is hereby appropriated out of the special revenues in the State
Treasury available for the maintenance and construction of the primary
system of State highways the sum of twenty-five thousand dollars as
compensation for the loss which Mrs. Hazel D. Jackson and other sur-
vivors under § 8-636 have sustained, to be paid on warrant of the Comp-
troller drawn on the State Treasurer, as provided by law, into the Circuit
Court for the city of Williamsburg and county of James City for distri-
bution 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 pro-
portion the remainder shall be distributed to the surviving wife, Mrs.
Hazel D. Jackson, 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 share
of the distributees, however, the Court shall give due consideration to
all reasonable and proper funeral expenses incident to the death of Comer
C. Jackson which have been paid or advanced by any such distributee.