trial "on the ground that the evidence is insufficient to support the verdict in that the evidence does not show that the defendant was negligent, or that the plaintiff was free from contributory negligence;". The plaintiff appeals from the order granting the new trial.
The main part of the pavilion where the accident occurred is a dance floor about 100 feet in length and 60 feet wide. It is located some distance from the meeting place and headquarters of the defendant where its paraphernalia and property are kept. The stage director of the defendant arranged for the plaintiff and four other members of the defendant corporation to do the decorating. They went to the pavilion about six o'clock on the morning of July 10, 1948. There was no oneat the pavilion to direct them and they arranged by consultation among themselves how the work was to be done. There was a wire running lengthwise through the center of the building from 15 to 16 feet above the floor. A *387 part of the decorating scheme required paper streamers to be run from the sides of the building to this wire. The stage director had caused a stepladder to be taken from the defendant's property room to the pavilion to be available for the use of the decorators. The plaintiff set this ladder up under the wire and while attaching paper streamers to the wire he fell from the ladder and was injured.
The ladder had been given to the defendant by one of its members some fifteen