In Re Estate of Miller

This is an appeal from a claim filed in the probate court to recover damages incident to the death of Earl McLain who was fatally injured by an automobile driven by Sherman Miller.

The material facts are not in dispute. On November 1, 1938, Sherman Miller was delivering mail on Kinsey street, just outside of the city limits of Muskegon. The street runs north and south and is unpaved, but has a cinder driveway down the center of the street. The McLain residence is located on the west side of the street; adjoining the McLain lot on the south is the Johnson property. On the east side of the…