judgment.
The plaintiff in this case had no part in selecting the step ladder. He was given no right to select a tool or appliance for the work. The ladder was furnished by the defendant to be used by the plaintiff in hanging the decorations from the wire, and no other tool was made available for such work. It was not a short step ladder such as is generally used around dwellings and offices. It was considerably longer. Indeed, it was so long that the former owner was unable to place it in the van in which certain articles were moved from Hiler's *397 warehouse. It had been in the possession of the defendant and used by it for many years. During such time it had been found necessarywire was some sixteen feet above the floor. When the stage director asked the plaintiff to do the work the plaintiff was informed that a ladder would be furnished for use in performing the work. When the plaintiff arrived at the pavilion for work in the early morning of July 10th he found the ladder among the equipment that had been delivered there for use of the workers in preparing the pavilion for the reception. There was only this one ladder. The plaintiff had never used it and knew nothing about it except that he had seen it in the property room or cloak room in the Temple. Nothing was said to him about the condition of the ladder or anything to indicate there was any defect in