The opinion
BEATTY, C. J., concurring.
I concur in the order of dismissal and in the opinion of the court. The practical effect of the order is an affirmance of this particular judgment, but in view of the importance of the question involved, and the certainty that it must be met sooner or later, I should have preferred a direct affirmance of the judgment, which is clearly sustained by our decision in
San Francisco & San Mateo Ry. Co.
v. Scott, 142 Cal. 222 , [ 75 Pac. 575 ].