Bessie H. Wise, for Herself and as Administratrix of the Estate of Robert H. Wise, Deceased v. George C. Rothwell, Inc. And William B. Harrington

OPINION OF THE COURT

HUYETT, District Judge.

Appellant seeks reversal of the district court judgment, entered after trial without a jury, finding the appellee not negligent in the operation of a tractor trailer truck while proceeding from a private road onto a through highway. 1 Because we consider the district court to have applied an erroneous standard of care under Delaware law in determining the question of appellees’ negligence and because we are unable to find on the record before us that appellant’s decedent was contributorily negligent as a matter of law, we vacate the judgment of the…