Alaska Packers' Ass'n v. 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 *88simple in construction and defects therein can be discovered without special skill or knowledge and…