Kansas City, Wyandotte & Northwestern Railroad v. Menager

The principal contentions on behalf of the plaintiff in error are, — First, that the damages resulting from the appropriation of the land for a right of way were personal assets which went to his administrator on the death of E. S. Menager, and that by his election to prosecute the action in his individual name the plaintiff has abandoned and lost whatever *691rights he might have asserted as administrator. Second, that by reason of the failure of the plaintiff to amend his petition within five years after the death of E. S. Menager so as to show that the plaintiff had succeeded to the rights of…