He argues that it was and that this simply serves to demonstrate that the ladder was too short to reach the deck. 1 As the four foot ladder forms the hypotenuse of the triangle, the bulwark, as one of the other sides, could not be 4 feet high. The lines mentioned form a right angle triangle, which the appellant concedes, and he also says that the back of the foot of the ladder was 2 feet out from the bulwark at the deck level. The same witness had, a little earlier in his testimony, said that the height of the bulwark was approximately 3.5 feet which, from the mathematical standpoint, must be more nearly correct. Appellant seizes upon this as evidence from a witness, whom the court expressly found to be credible, that the length of the ladder and the height of the bulwark were each 4 feet. The measurement Haagesen gave was, as he testified, the length of the ladder. It was not perpendicular to the deck and did not give the height of the bulwark, measured in a perpendicular line from the deck. In the course of the examination of the witness Haagesen about one of the photographic exhibits, which had been taken directly facing the ladder as it stood in situ, fastened to the bulwark and resting on the deck, he was asked about the distance from the deck to the top of the bulwark along a ruler or measuring tape, which showed in and as a part of the photograph, as running from a point on the deck in front of the foot of the ladder to a point at the top of the bulwark rail. The testimony and arguments of this part of the case concern three measurements: (1) the length of the ladder (2) the height of the bulwark and (3) the distance from the bulwark along the deck to the back of the ladder leg. Of course, if these assumed facts were so, the foot of the ladder, as appellant asserts, would not reach the deck. e., that each was 48 inches, and that the heel of the ladder was 2 feet out from the bulwark. He claims the testimony showed that the height of the bulwark and the length of the ladder were exactly the same, i.
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