Miller v. State

These are two claims, one by Margaret A. Miller to recover damages for personal injuries caused by the alleged negligence of the State, and the other a derivative action by her husband, Warner Miller, to recover for medical expenses and loss of services and society of his wife. By stipulation the two claims were tried together.

It is claimed that on November 6, 1955, at about 9:00 p.m., the two claimants were returning from the home of the sister of the claimant Margaret. They had had dinner there and were walking, Margaret carrying a bag with foodstuff in each hand plus her handbag, and her…