Majority
p. 1018(March 30, 1942.) Katherine Borak, Individually and as Administratrix, etc., of Joseph Borak, Deceased, Appellant, v. Joseph P. Day, Inc., Respondent, and Others, Defendants.
Action to recover damages for the wrongful death of plaintiff’s intestate on the ground that defendant-respondent should have anticipated the striking of a bolt of lightning on a piece of tin about a foot square, on a roof 800 feet long, and have provided against damage to it by means of a ground. Judgment for defendant-respondent unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.