This section contains the nature of the case and procedural background.

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.

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