Fernandez v. United Fruit Co.

This appeal is singularly lacking in merit and appellant’s -brief surely should not have been cluttered up with unfounded charges against the appellee’s counsel. The only question before this court meriting any discussion is whether the jury should have been allowed to deal with the plaintiff’s claim for recovery on the basis of alleged unseaworthiness. The plaintiff argues that this should have been done because liability for unseaworthiness had been asserted in the complaint and the pre-trial order had stated that none of the issues raised by the pleadings were abandoned. But the pre*415trial…