Gatewood v. Bosch

Swinehart, J.:

This is an appeal by Wayne Gatewood, hereinafter referred to as the plaintiff, from the district court’s order dismissing his action in tort for failure to exhibit his demand against the estate of Floyd E. Bosch within the period of time established by K.S.A. 59-2239. Floyd E. Bosch and Kenneth W. McClintock will hereinafter be referred to as the defendant and the special administrator, respectively.

This action arose on April 21, 1974, when the defendant’s cow left her pasture and went onto U. S. Highway 56 in Morris County. The plaintiff’s automobile struck the defendant’s cow.…