years before the accident. It was kept in and about the defendant's property room and had been put to various uses including that of cleaning windows. It was described by two witnesses as "rickety". It was of light construction and weight. It had been repaired from time to time by laying it down on its side and tightening up the nails and screws so as to make it more rigid. The steps fitted into grooves. It was fourteen feet in length when folded and somewhat less than that when set up with the supports extended. A cross brace between and near the bottom of the two supports had been missing for a number of years but its absence does not appear to have contributed to the accident.
When theplaintiff set up the ladder under the wire he saw to it that the ladder was level on all four legs. He saw nothing that would cause him to think that it was unsafe. He is six feet one inch in height. The wire was about a foot and a half above the ladder. The plaintiff ascended until the wire was about shoulder height. He then attached some streamers, descended and moved the ladder along under the wire, then ascended again and attached more streamers. He repeated this process eight or ten times over a period of an hour prior to the accident. As he moved the ladder along under the wire he found that it was higher near the center of the building. When he ascended the