Milhouse, Admix. v. Stroud.

The opinion of the Court was delivered by

Mr. Acting Justice Purdy.

We adopt the concise statement made by the appellant’s attorneys in their argument:

“This was an action under Lord Campbell’s Act for the death of the plaintiff’s intestate, who was struck by an automobile driven by the defendant, and thereby sustained injuries from which he died. The complaint alleged the following acts of negligence on the part of the defendant:

“(a) In driving and operating his automobile at a high, excessive, and dangerous rate of speed, and a speed in violation of that allowed by law.

“(b) In failing and…