it. The testimony of the officers of the defendant, however, indicate that they were familiar with the general characteristics of the ladder gathered from their experience throughout the years and had formed judgment as to its fitness for the work for which it was to be used and was being used by the plaintiff at the time of the accident. Pierce, the Potentate, testified that the ladder was "flimsy, rickety, and wobbly," and that after the accident he told the plaintiff on one or two occasions that the ladder was so unsafe it should never have been sent out to the pavilion at all. McIver, the stage director, testified that the ladder was rickety, that the joints were loose and that it would "wiggle when you got nearwas a likelihood, or at least a strong possibility, that there might be some defect in the ladder which would make it dangerous to attempt to use it in its then condition to ascend to the higher steps which would be necessary to enable the worker to place decorations on the wire. The testimony shows that some of the witnesses considered the ladder unsafe. Yet there was no examination or inspection by the representatives of the defendant or any attempt to check up on the condition of the ladder before it was furnished to the plaintiff for use at the pavilion. The plaintiff had never used the ladder. He recognized it as a ladder belonging to the defendant and he knew that they had kept it in the