Nature of the Case
To access this section all you need to do is click here and register.
Facts
Durham (P) was injured on August 17, 1938 while at work in a room that Blair (D) was remodeling under a contract with the United States Post Office. P alleged in her initial complaint that was filed on January 14, 1939, that by reason of negligence and carelessness of D or its employees, a large piece of board fell from scaffolding and onto her head. The cause came for trial on August 15, 1940, and P requested a consent to file an amended complaint which was granted. The new complaint alleged that D had erected the scaffolding, that it would not protect persons, who was required to work thereunder, and that D might have reasonably anticipated that heavy objects were likely to fall from it. The cause was continued, and D filed a motion to dismiss as the amended complaint stated a new cause of action which was now barred by the Statute of Limitations. P got the verdict for $6,500, and D appealed.
Support@ bsmsphd.com
Casebriefs Co