Legal Opinion

Hosea Payne v. S. S. Nabob and North German Lloyd and Lavino Shipping Company

Court of Appeals for the Third Circuit

Decided June 2, 1962No. 13863_1PublishedCited by 38 opinions

1Opinion of the Court

McLAUGHLIN, Circuit Judge.

In this personal injury admiralty action libellant filed a pretrial memorandum stating that he was relying upon the condition of a winch to prove his cause of action. The judge’s pretrial report noted that. Sometime later the suit went to trial. Libellant’s attorney included in his opening the fact that the loading had been handled improperly as an important element of his proof of unseaworthiness. The impleaded stevedore employer objected as it was outside the scope of the pretrial memorandum and report. The trial court sustained the objection. Two witnesses on…

2Cases cited5 opinions

  1. Amerigo Padovani v. Honorable Walter BruchhausenCourt of Appeals for the Second Circuit · 1961
  2. Mollie Krieger v. Ownership Corporation, a Corporation of New JerseyCourt of Appeals for the Third Circuit · 1959
  3. Burton v. Weyerhaeuser Timber Co.District Court, D. Oregon · 1941
  4. McCarthy v. Lerner Stores Corp.District Court, District of Columbia · 1949
  5. Cherney v. Holmes Et UxCourt of Appeals for the Seventh Circuit · 1950

3Cited by38 opinions

  1. Charles G. Erff v. Markhon Industries, Inc.Court of Appeals for the Seventh Circuit · 1986
  2. Eleanor Ely, Administratrix of the Estate of Elmer L. Ely, Deceased v. Reading CompanyCourt of Appeals for the Third Circuit · 1970
  3. Ahto Walter, in No. 74-1343 v. Netherlands Mead N. v. (A Netherlands Antilles Corp.), in No. 74-1342, and W. M. O'NeilCourt of Appeals for the Third Circuit · 1975
  4. Currie v. Great Central Ins. Co.Supreme Court of Alabama · 1979
  5. Price v. Inland Oil Co.Court of Appeals for the Third Circuit · 1981

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