Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that, although the case is not within the scaffold statute* (no structure was being erected, painted or repaired), the evidence shows that the ladder was an improper appliance for doing the work which the plaintiff was directed to do.
See Labor Law (Consol. Laws, chap. 31; Laws of 1909, chap. 36), § 18.— [Rep.