Thomsen v. Jobst

I am unable to concur in the opinion of the majority. The record in this case clearly shows that the plaintiff’s injuries were caused by his own negligence in using a stepladder, which the opinion concedes is an ordinary appliance, simple in its nature and construction; one which the testimony shows is customarily used in performing the particular work required of plaintiff, and on which he was engaged at the time his injuries occurred. The ladder was not defective or in any manner out of repair, and its use was entirely familiar to plaintiff, who was a skilled and. experienced mechanic. If…