CHAPTER 438

An Act for the relief of Mrs. Elizabeth Poole Cox.
[H 43]

Approved April 3, 1954

Whereas, on November 14, 1953, Homer E. Cox was riding in an
automobile on Route 5, and between 5:35 A. M. and 5:45 A. M. such
automobile 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, with-
out 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, drowning
all of the passengers, among them being Homer E. Cox; and

Whereas, Mrs. Elizabeth Poole Cox of Williamsburg, the widow of
Homer E. Cox, 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,
Homer E. Cox, and she is without remedy at law to compensate 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. Elizabeth Poole Cox and other sur-
vivors under § 8-636 have sustained, to be paid on warrant of the
Comptroller drawn on the State Treasurer, as provided by law, into the
Circuit Court for the City of Williamsburg and County of James City for
distribution 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.
Elizabeth Poole Cox, 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
Homer E. Cox which have bcen paid or advanced by any such distributee.