Estes v. Edgar Zinc Co.

The opinion of the court was delivered by

Burch, J.:

The action was one by an employee for damages resulting from personal injuries occasioned by the negligence of his employer. The plaintiff recovered. On appeal to this court the judgment was reversed because of a special finding that there was no evidence relating to a material fact, and a new trial was ordered. (Estes v. Zinc Co., 91 Kan. 138, 136 Pac. 910.) Before the second trial the plaintiff died. The action was revived in the name of the plaintiff’s administratrix, who prosecuted it to judgment. The defendant was again defeated and…