District Court, D. Delaware December 5, 1958, Civ. A. No. 1853 (Zych v. Pennsylvania Railroad)

LAYTON, District Judge.

This is an accident case in which the decedent was killed as the result of a collision between his automobile and defendant’s train. Motions to dismiss and for summary judgment have been filed.

Upon consideration, I have concluded that the motion to dismiss is not sufficiently meritorious to justify discussion. It is denied.