dissenting.
The unlawful act relied upon to constitute negligence was the driving of a motor vehicle upon a public highway in excess of sixty miles per hour.
It is my opinion that no such act is denounced as unlawful by any statute of this state. The only statute in this state regulating the speed of motor vehicles is contained in Art. 827a, Sec. 8, Vernon’s P.C., which makes unlawful the driving and operating of a motor vehicle upon a public highway at a speed greater than is reasonable and prudent under the conditions then existing.
My views upon this question are fully set forth in my dissenting opinions in Rowland v. State, No. 28,357, dated January 30, 1957 and October 9, 1957, 311 S.W. (2d) 831.
There being no unlawful act alleged upon which negligence could be predicated, the judgment should be reversed and the cause remanded.
I respectfully dissent to the affirmance of this case.