LIGHTNING. A. sudden discharge of elec tricity from a cloud to the earth or from the earth to a cloud or from one cloud to an other, or from a body positively charged to one negatively charged. Spensley v. Ins. Co., 54 Wis. 433, 11 N. W. 894.
Any sudden and violent discharge of elec tricity occurring in nature. Id.
A stroke of lightning is an act of God; Parker v. Flagg, 26 Me. 181, 45 Am. Dec. 101; Jackson v. Telephone Co., 88 Wis. 243, 60 N. W. 430, 26 L. R. A. 101; but one cannot be excused on that ground from the conse quences of his own negligence in causing lightning to be conveyed to a building by a wire ;. Jackson N. Telephone Co., 88 Wis. 243, 60 N. W. 430, N L. R. A. 101. See WIRES.
In a policy of insurance against loss by lightning, it is the province of the jury, not reviewable on appeal, to decide how much damage is caused by lightning and how much by other forces ; Beakes v.. Assur. Co., 65
Hun, 621, 20 N. Y. Supp. 37; Spensley v. Ins. Co., 54 Wis. 433, 11 N. W. 894. Where the insurance was agairist loss by fire and light ning, damages caused by wind accompany ing the storm were held not within it; 15 Ina. L. J. 478; nor was damage caused by lightning without combustion covered by a clause against fire by lightning ; Babcock v. Ins. Co., 4 N. Y. 326. See Andrews v. Ins. Co., 37 Me. 256. Where the damage was caused by an explosion of powder resulting from a stroke of lightning, the loss was held to be protected by a fire' insurance policy which covered damage by lightning but stip ulated against loss by explosion ; German Fire Ins. Co. v. Roost,. 55 Ohio St. 581, 45 N. E. 1097, 36 L. R. A. 236, 60 Am. St. Rep. 711, See INSURANCE; FIRE.