Hill v. Day

Layton, C. J.,

delivering the opinion of the Court:

*405Three objections are urged to the sufficiency of the first count: want of causal connection between the speed of the automobile and the accident; ambiguity, in that it is left in doubt whether the negligence is referable to speed or loss of control; and, if referable to speed, that the allegations amount to a conclusion of law that a speed of thirty-five miles an hour necessarily entails loss of control.

The count is based upon Sec. 5621, Rev. Code, 1935. By this statute, a speed in excess of twenty-five miles an hour through a thickly settled…