Chesnut v. McGinnis

McINERNEY, Justice.

Elmer McGinnis (Plaintiff) brought an action for damages against Charles C. Chesnut, administrator of the estate of Charles H. Charloe (Defendant) for injuries sustained in an automobile collision on October 6, 1957. Charloe lost his life in the accident. Charles C. Chesnut was appointed administrator on August 24, 1959. The petition was filed on December 16, 1959, seventy days after the limitation period had run and one hundred fourteen days after the appointment of the administrator. The defendant answered by pleading the statute of limitations, 12 O.S.1961, § 95, subd.…