Balick v. Emerson

Terry, P. J.:

This is an action for the wrongful death of a pedestrian, Charlie Brown, a single man, who was struck by an automobile driven by the defendant, Earl L. Emerson, Jr., at approximately 11:30 P.M. on the night of August 7,1956.

The uncontradicted evidence, as disclosed by the pertinent papers in this case, is, in substance, as follows:

That the defendant was driving north in the northbound lane of Route 896, near Middletown, Delaware, at approximately *39245 miles per hour (within the legal speed limit); that as he started to round a gradual curve near the Home Sweet Home Farm, he met two…