Nicholas v. Topeka Railway Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff was injured while crossing the defendant’s railway track. To recover damages for the injury she brought this action. Trial was had, resulting in a verdict in her favor, on November 1, 1913. The court reserved entry of judgment. The plaintiff died December 1, 1913. March 21, 1914, on the motion of Patrick H. Coney, administrator of the estate of the plaintiff, Gertrude Nicholas, judgment on the verdict was rendered, nunc pro tunc, as of November 1, 1913. The action was then revived.

The cities of Topeka and Oakland adjoin each…