Miller v. United States

JULIAN, District Judge.

The plaintiffs, Max Miller and Ruth Miller, husband and wife, bring suit against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), to recover damages for personal injuries alleged to have been caused by the negligent operation of a motor vehicle by an employee of the defendant.

Fireman’s Fund Insurance Company, claiming to be the assignee of Ruth Miller and also to be subrogated to her rights, brings its action under the same Act to recover for the damage done to her automobile.

The United States counterclaims against Max Miller for the damage…