stapling streamers to a wire stretched 12 or 15 feet above the floor across the hall that was being decorated. Before using the ladder, plaintiff tested it to see if it would stand firmly. He had used it for an hour or thereabouts without accident. It then became necessary for him to climb one step higher than before. He says that this step was loose and turned under his foot, causing him to lose his balance and fall. The step was six or eight feet from the floor. There is no doubt but that he suffered very serious injuries from this fall. When he fell, he fell to one side and the ladder tipped over in the opposite direction. The ladder itself was not available for inspection atagree with paragraphs 1 and 2 of the syllabus and with those parts of the opinion prepared by Judge MORRIS to which those paragraphs relate; but I do not agree with the remainder of the opinion or with the concurring opinion of the Chief Justice. I am of the view that the questions of negligence, contributory negligence, and assumption of risk were for the jury, and that the verdict of the jury is supported by the evidence.
The plaintiff is a train dispatcher for the Great Northern Railway Company at Grand Forks. The defendant is a fraternal corporation organized under the laws of this state. On July 10, 1947, plaintiff sustained severe personal injuries as a result of falling from a ladder while he was working for the defendant