Majority
p. 1045Jerry Thomas, by His Guardian ad Litem, Willie Thomas, et al., Respondents, v. Charles Bush, Appellant, et al., Defendant.
In the circumstances present in this ease, the judgment is affirmed, with costs. Present — Callahan, J. P., Breitel, Bastow, Botein and Rabin, JJ.; Callahan and Breitel, JJ., dissent and vote to reverse and order a new trial on-the ground that there is not sufficient evidence of negligence based on any custom to cover pipes of the type involved under the present circumstances.