Lynam v. Hastings

Layton, C. J.,

delivering the opinion of the Court:

The sufficiency of the first count of the declaration is questioned by demurrer. It is challenged in that the averment of negligence is a conclusion of fact; that the count is not sufficiently particular; that no causal connection is *451shown between the negligence alleged and the resulting collision; and that it is double.

It appears from the first count that on June 10, 1935, in the nighttime, the plaintiff was a passenger in an automobile which was being driven in an easterly direction on a public highway of Kent county; that the defendant was…