Gover

(after stating the facts as above).

Error is assigned to the denial of the defendant’s motion for an instructed verdict. It is contended that the motion should have been allowed for the reason that the ladder was a simple tool, and that the risk of injury from any defects therein was assumed by the plaintiff. Several cases are cited to the proposition that a ladder is a simple tool, and is in the class of tools with respect to which the master is not liable under the rule that where a tool is *88 simple in construction and defects therein can be discovered without special skill or knowledge and without intricate inspection, the servant is as well qualified as any one else to detect them and to judge of the probable danger of using them; his opportunity for inspection being better than that of his master. But we are unable to agree with the plaintiff’s contention that the ladder in this instance was a simple tool. It was.not a movable ladder, such as is carried by hand and is open to inspection in the handling of it. It was in effect a stairway. It was part of the building. The perpendicular uprights were mortised for the insertion of the steps, and were nailed firmly to the…