In re: Willie H. Davis applying for cer-tiorari or writ of review to the Court of Appeal, First Circuit, Parish of West Baton Rouge. 290 So.2d 738.

Writ denied. Under the facts found by the court of appeal, the result is correct.

dissents from writ denial. Civil Code Article 916 was not followed in Jones v. Hogue, 241 La. 407, 129 So.2d 194 (1960). We should consider the proper application of that Article in this case.