This section contains the nature of the case and procedural background.

P, an electrician, was sent to a construction site owned by Andorra Nurseries (D) to string temporary power to the site. P instructed an employee of D to place a 34-foot aluminum extension ladder against the chimney of the sample home. D's employee climbed the ladder without incident. P then took the wire and put it on his shoulder. When P got to the top, the ladder began to fail, and he fell and was injured. Fifty-two days after the accident Martin Alkon, a registered engineer, went to the scene and examined a ladder. Photographs were taken. During trial, P offered Alkon's testimony and photographs regarding the ladder. The Court ruled them inadmissible. P then tried to get the photos in on his authentication. The Court ruled them inadmissible. A compulsory nonsuit was issued, and P appealed.

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