Union Carbide Corp. v. Hicks Express, Inc.

LAYTON, District Judge.

This is a diversity case in which the law of Delaware is controlling. On October 14, 1955, at about 5:15 A.M., plaintiff’s (Union Carbide’s) tractor-trailer was proceeding south on Governor Printz Highway, a dual highway, in a blinding rainstorm. It collided with the defendant’s (Hicks’) trailer which, it will be assumed for the purpose of this motion, was standing more or less at right angles across both lanes of the southbound lane of the highway. It was dark. Defendant’s trailer was dark in color and had no lights. Visibility of *613plaintiff’s driver was limited to 25…