Brown v. Cleveland Baseball Co.

The first contention of defendant is that the trial court erred in permitting plaintiff to file an amended petition. The request for permission to file this amended petition was made and the permission was granted during the trial and at a time after the statutory period of limitation had expired. Admittedly, the original petition had been filed before expiration of that statutory period of limitation.

The original petition had, to use the words of defendant’s brief, “asserted defendant was negligent with respect to an activity, namely the construction of temporary stands,” whereas by the…