LAYTON, District Judge.
This is a diversity action in which the law of Delaware is controlling. The uncontroverted 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....
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