
    [Civ. No. 671.
    Third Appellate District.
    December 27, 1909.]
    XAVIER FISHER, Respondent, v. WESTERN FUSE AND EXPLOSIVES COMPANY, Appellant.
    Appeal from Order Denying New Trial — Motion to Dismiss Granted.—For the reasons set forth in case No. 672, supra, the motion to dismiss the appeal from the order denying defendant’s . motion for a new trial is granted.
    MOTION to dismiss an appeal from an order of the Superior Court of Alameda County denying a new trial. F. B, Ogden, Judge.
    The facts pertaining to the motion are the same as art» stated in the ease numbered 672, supra.
    
    G. R. Lukens, for Appellant.
    Reed & Nusbaumer, M. C. Chapman, A. A. Moore, and Stanley Moore, for Respondent.
   CHIPMAN, P. J.

For the reasons given in the opinion, in the above-entitled ease, in number 672, ante, p. 299, [107 Pac. 332], this day decided, the motion to dismiss the appeal from the order denying defendant’s motion for a new trial is granted.

Hart, J., and Burnett, J., concurred!.  