must have been apparent to the plaintiff as he set up the ladder, ascended and descended, and moved it along under the wire as his work of attaching the streamers progressed. All of the witnesses to the accident and the condition of the ladder, including the plaintiff, were members of the defendant fraternal corporation and all were engaged in the project of preparing for the entertainment of an important guest. The plaintiff's opportunity to appraise the danger attendant upon the use of the ladder was at least equal to that of the officers and members upon whose knowledge and conduct he seeks to base a charge of negligence against the defendant. If the ladder was rickety or wobbly it was a condition of such a nature as tothe syllabus of the points adjudicated.
The plaintiff, a member of the defendant fraternal organization, volunteered to assist in decorating a hall to be used by the defendant. The defendant provided a stepladder for his use. This was an ordinary stepladder such as is described in Webster's New International Dictionary as "A portable set of steps, esp. one with flat, comparatively broad steps in place of rungs and with a frame hinged to the back for steadying." The defendant had owned this ladder for about 16 years. It was in general use and had been used about defendant's premises by many of its members. It was of light wood construction. The evidence as to its condition is that it was old, rickety, and wobbly, as was apparent to anyone