Simmons v. Bartley

This case is before the court on the demurrer of the defendant to plaintiff’s second amended petition on the basis of the assertion that it appears on the face of such peti*322tion that plaintiff has failed to file a claim with the defendant administrator as prescribed by statute, and that such petition therefore does not state a cause of action.

This is a suit for personal injuries which the plaintiff allegedly sustained on April 21, 1957, in an automobile collision in which the decedent allegedly drove through a stop sign at a high rate of speed and struck the car in which the plaintiff was a…