Miller v. Staton

This is a personal injury action. It is now before this court on appeal for the second time. The facts and circumstances leading up to the injuries of the plaintiff-appellant Mary Miller are fully set out in Miller v. Staton (1961), 58 Wn. (2d) 879, 365 P. (2d) 333. Consequently, a brief summary of the facts will suffice as prologue to a consideration of the assignments of error which seem meritorious to us in the present appeal.

On New Year’s Eve of 1957, the plaintiff and her husband, in common practice with many other Americans, were engaged in greeting the New Year at a party in a place of…