
    [Civ. No. 669.
    Third Appellate District.
    December 27, 1909.]
    XAVIER FISHER, Respondent, v. WESTERN FUSE AND EXPLOSIVES COMPANY, Appellant.
    Appeal prom Judgment—Motion to Dismiss for Failure to File Transcript in Time — Stipulated Filing.—The motion to dismiss the appeal from the judgment in this case is denied for the reasons set forth in the opinion in case No. 672, supra.
    
    MOTION to dismiss appeal from a judgment of the Superior Court of Alameda County. F. B. Ogden, Judge.
    The facts are stated in the opinion of the court in case No. 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 set forth in the opinion in No. 672, ante, p. 299, [107 Pac. 332], the motion to dismiss the appeal from the judgment is denied.

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