No. 13863.

302 F.2d 803 (1962)

Hosea PAYNE, Appellant, v. S. S. NABOB and North German Lloyd and Lavino Shipping Company.

United States Court of Appeals Third Circuit.

Decided May 8, 1962.

Rehearing Denied June 2, 1962.

Attorney(s) appearing for the Case

Bernard Sacks, Philadelphia, Pa., for appellant.

Thomas F. Mount, Philadelphia, Pa. (Rawle & Henderson, Philadelphia, Pa., Harrison G. Kildare, Philadelphia, Pa., on the brief), for SS Nabob and North German Lloyd.

F. Hastings Griffin, Jr., Philadelphia, Pa. (Dechert, Price & Rhoads, Philadelphia, Pa., on the brief), for Lavino Shipping Co.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

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...

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