Negligence, Employer's liability. At the trial of an action by a woman of full age employed in a candy factory against her employer to recover for personal injuries received because of the fall of a ladder upon which she was standing in the performance of her duties, it appeared that the plaintiff had been employed by the defendant at the same work for about two weeks, that the ladder was furnished by the employer to be used in procuring boxes from high shelves in a store room, was heavy, about eight feet high and roughly made of unplaned boards, that when in use it rested upon a smooth floor, that just before the accident the plaintiff herself had placed it in position in order to get a box from a shelf, had mounted it and was using both hands to pull out the box when the ladder slipped at the bottom and fell, causing her injuries. Held, that the plaintiff assumed the risk of the injury.
PER CURIAM.
The plaintiff was of full age and not lacking in intelligence. The ladder, though rough and homely, was sound, exactly what it appeared to be, and suitable for the purpose for which it was used. The floor was an ordinary wooden floor. If the foot of the ladder was placed too far from the wall it would slip and the plaintiff knew it.
The ladder was there in use when the plaintiff entered the defendant's service. That an employer owes the employee no duty to change such an appliance, and that the employee on entering the service impliedly agrees to assume such risk as there is in the use of it, is too plain for argument or the citation of authorities.
Exceptions overruled.