Layman v. Heard

The sole issue presented to this court is whether the circuit court erred when it set aside a judgment in favor of the defendant, based upon a directed verdict, and ordered a new trial. Specifically, the defendant contends that the evidence fails to indicate that (a) the defendant drove his car in a grossly negligent manner; and (b) the evidence conclusively proves that the plaintiff acquiesced in the manner in which the car was being operated by remaining in it.

In November of 1934 the plaintiff accepted the defendant’s invitation to ride with him in his car from Portland, where the two men…