Section 233. Award or judgment

No award shall be made or judgment rendered
  herein against the state unless the facts proved shall make out  a  case
  against  the  state,  which  would  create  a  liability,  were the same
  established in a court  of  law  or  equity  against  an  individual  or
  corporation  or  municipality;  and  in  case  such  liability  shall be
  satisfactorily established, then the court of claims shall award to  and
  render  judgment  for  the  claimants for such sums as shall be just and
  equitable, notwithstanding the lapse of time since the accruing of  said
  damages, provided any claim hereunder accruing prior to the twenty-ninth
  day of April, nineteen hundred and seven, shall have been filed with the
  court  of  claims  within  one  year  thereafter  and provided any claim
  hereunder accruing  after  said  twenty-ninth  day  of  April,  nineteen
  hundred  and  seven,  shall be filed with the court of claims within two
  years after the accrual thereof.