John Wallace Celestin v. Employers Mutual Liability Insurance Company of Wisconsin

WISDOM, Circuit Judge:

The plaintiff-appellant, John Wallace Celestin, was a tree-cutter. In April 1963 he rented a 40-foot aluminum extension ladder from the American Rent All Company of Baton Rouge, Louisiana. The printed “Rental Agreement” he signed contained the following exculpatory clause:

“The lessor makes no warranty of any kind on said equipment and the lessee agrees to immediately return any leased equipment which develops indication of defect or improper working condition: that the lessee agrees to use said equipment entirely at his own risk, to be liable for any damage to persons or…