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District Court of Appeal, Second District, Division 2, California.

PACIFIC INDEMNITY COMPANY, a Corporation, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION of State of California and Dolores Acedo, Respondents.

Civ. 16397.

Decided: July 13, 1948

Herlihy & Herlihy, of Los Angeles, for petitioner. T. Groezinger, of San Francisco, for respondents.

The facts in this case are identical with those in Pacific Indemnity Company v. Industrial Accident Commission, et al., Cal.App., 195 P.2d 919, with the exception that “pieces of windows of the employer's premises” were the instrumentality that directly caused the employee's injuries. Basing the decision herein upon the conclusion derived from the review of 195 P.2d 919 the writ is discharged and the award is affirmed.

MOORE, Presiding Justice.

McCOMB and WILSON, JJ., concur. Hearing denied; SCHAUER and SPENCE, JJ., dissenting.