TERRY, President Judge.
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...
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