morning and that Misner and Hoffman came later; that he worked at decorating the platform or stage where the orchestra sits; that the plaintiff went to work decorating the main pavilion and hanging streamers on the wire that ran lengthwise through the pavilion; that in the performance of such work he was using the step ladder; that he fastened the streamers to the wire with a stapler; that he (Steenerson) heard a noise and as he looked around noticed that the ladder had tipped over on the floor and that the plaintiff was lying on the floor close by; that he helped take him to the hospital; that later he came back to the pavilion and went on with the work; that they wanted to use the ladderand when asked what, if anything, he observed, he said: "I found in picking up the ladderI grabbed ahold of it or somethingby one step up towards the topI found it was loose. I wouldn't say it was so loose you could shake it, but *393 it was loose so you could tilt it back and forth." He further testified that the step to which he referred was up towards the top; that he would not say it was definitely the second or third step from the top but it was thereabout. When asked to show the jury what he meant by the step tilting he said: "The step goes in from the side, and it moved this way (indicating with hand)." The steps were in grooves on