Gilberto Jimenez v. The Tuna Vessel "Granada," Her Engines, Boilers, Tackle, Etc.

GEE, Circuit Judge:

Strict enforcement of a pretrial order, combined with decision of the issue of unseaworthiness on unpleaded grounds, denied procedural due process to the appellant in this case. Though it comes on in the twilight of our jurisdiction over the Canal Zone, we must reverse and remand for further proceedings.

Plaintiff Jimenez filed this action in rem on the admiralty side demanding recovery for back injuries claimed to have been sustained on the T/V GRANADA, a tuna boat. His pleadings generally alleged unseaworthiness, but his stated sole theory of recovery, set out in the…