McLenaghan v. Billow

LAYTON, District Judge.

This is a diversity action in which the law of Delaware is controlling. The un-controverted facts appearing from the depositions, affidavits, photographs and record of a coroner’s inquest, which was made a part of the record, are as follows:

On the night of February 15, 1957, at approximately 11:20 p. m., decedent (Murray) and a Miss Weller were walking in the northbound lane of Route 190, outside the city limits of Dover, Delaware.1 Miss Weller was on the outside edge of the macadam road and Murray was to her left nearer the center of the road. The road was 18 ft. wide…