Golamb v. Layton

In pressing for a reversal of the judgment of the Court of Appeals, defendant Layton relies principally on two alleged errors:

1. Failure of the trial court to charge on contributory negligence.

2. Misconduct of counsel for plaintiff in his opening argument to the jury.

Two theories as to the cause of the collision were presented to the jury. Defendant Macielewicz contended, in effect, that defendant Layton suddenly swerved his car from its proper lane of travel across the path of his, Macielewicz’s, car; that he, Macielewicz, to avoid a crash, immediately turned the front wheels of his car to…