Miller v. Staton

This action arose as a result of personal injuries sustained by the plaintiff, Mary Agnes Miller, when she was knocked down by two patrons who were fighting in the defendants’ tavern. Judgment was entered upon a jury verdict awarding the plaintiff $25,743.37. The defendants appeal.

On New Year’s Eve, 1957, the plaintiff, with her husband and friends, went to the tavern of the defendants (appellants) in Omak, Washington, about 9:30 or 10:00 o’clock. They were seated at a table next to the dance floor where they drank beer during the evening, continuing until about 2:20 in the morning when the…