Horinek v. Board of County Commissioners

BRIGHTMIRE, Presiding Judge.

This action was brought by a Kay County rancher, Bernard Horinek, to recover damages inflicted on his land and cattle by more than 1,500 gallons of diesel fuel which a county employee is alleged to have negligently allowed to overflow from an underground tank and run across plaintiff’s land.

The trial court sustained a demurrer to plaintiff’s petition and dismissed his action on the ground that the petition disclosed, on its face, that the cause of action was barred by the statute of limitations. The rancher appeals.

The crux of this dispute is whether plaintiff, in…