Smith v. Maynard

BARRETT, Commissioner.

The appellant, Arlie E. Smith, was a guest in an automobile driven by Hershal B. Maynard when Maynard’s automobile was involved in a collision with a truck owned by Hathaway and driven by his employee, Callahan. Maynard died as a result of the collision and Smith instituted this action against Maynard’s administratrix and Hathaway to recover $15,000 damages for his negligently inflicted personal injuries. The trial court sustained the ad-ministratrix’ motion to dismiss the action for the reason that Smith had not complied with the nonclaim statute (V.A.M.S. *738§ 473.360),…