OPINION OP THE COURT.
The facts in this case and the record of the proceedings in the courts below are identical with the case of Simon v. El Paso & Southwestern Co. (No. 1907) 22 N. M. 211, 160 Pac. 352, and for the reasons therein stated, the appeal will be dismissed; and it is so ordered.
Eoberts, C.J., and Hanna, J., concur.