CHAPTER 237

An Act to watve the sovereign immunity of the State in a certain case
involving The Chesapeake and Ohio Railway Company. CH 473]

Approved March 8, 1958

On October fifteen, nineteen hundred fifty-four, the Virginia State
Highway Department ferryboat “City of Norfolk” under the command of
Captain “Ocie” Boykin struck and otherwise damaged property of The
Chesapeake and Ohio Railway Company known as Pier 8 in Newport
News, Virginia, in the amount of approximately five thousand dollars. A
question having arisen as to the legal responsibility for the occurrence
referred to, and without passing on the merits of the claim, it appears
just and proper that the Commonwealth of Virginia should waive its im-
munity and the immunity of the State Department of Highways for the
damages occurring as outlined above; now, therefore

Be it enacted by the General Assembly of Virginia:

1. The Chesapeake and Ohio Railway Company is hereby granted the
right to sue the Commonwealth of Virginia and the State Department of
Highways for damages in the amount of approximately five thousand
dollars caused The Chesapeake and Ohio Railway Company arising out of
the operation of the “City of Norfolk” by said Department and its agents
and employees on October fifteen, nineteen hundred fifty-four. Such right
may be exercised by said Company in a proceeding brought in some court
having Admiralty jurisdiction and which court is located within the ter-
ritorial area of the Commonwealth of Virginia.

If a judgment be obtained by said Company in said proceeding arising
out of damage to Pier 8, at Newport News. in excess of the sum of five
thousand dollars, that portion in excess of five thousand dollars shall not
constitute a claim against the Commonwealth, the State Department of
Highways, or any agent or employee of either of the foregoing.