[No. 1906,

September 12, 1916.]

#### SHIPP v. EL PASO & S. W. CO.

SYLLABUS BY THE COURT.

The decision of this case is controlled by the decision in Simon y. El Paso & Southwestern Co. (No. 1907) 22 N. M. 211, 160 Pac. 352, just decided.

Appeal from District Court, Guadalupe County; D. J. Lealry, Judge.

Action by E. E. Shipp, against the El Paso & Southwestern Company. From a judgment for plaintiff, defendant appeals.

Dismissed.

Hawkins & Franklin of El Paso, Tex., and Edwin Meci-iem of Alamogordo, for appellant.

F. Faircloti-i of Santa Eosa, for appellee.

OPINION OP THE COURT.

PAEKEE, J.

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.