Theodore Kornicki v. Calmar Steamship Corporation v. Jarka Corporation of Philadelphia, Third-Party

OPINION OF THE COURT

ADAMS, Circuit Judge.

Plaintiff presents three issues for resolution : First, whether it was error for the trial judge to exclude certain evidence as hearsay not within the res gestae exception to the hearsay rule; second, whether the trial judge, in his charge to the jury, overstepped the bounds of permissible comment; finally, whether it was proper for the trial judge to submit certain interrogatories to the jury, thereby withdrawing from them other theories of recovery.

Plaintiff, who had considerable experience with winches and cranes, was operating a crane aboard the…