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UNION CARBIDE CORPORATION v. HICKS EXPRESS

Civ. A. No. 1950.

162 F.Supp. 612 (1958)

UNION CARBIDE CORPORATION, a corporation of the State of Delaware, Plaintiff, v. HICKS EXPRESS, Inc., and Jesse A. Griffin, Defendants.

United States District Court D. Delaware.

May 7, 1958.

Attorney(s) appearing for the Case

Hugh L. Corroon (of Berl, Potter & Anderson), Wilmington, Del., for plaintiff.

William Prickett, Wilmington, Del., for defendants.

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...

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