concurs. If the dissenters would consider application of C.C. art. 2323, I would vote to bring up this writ. Plaintiff could recover a portion of his damage. However, they wish to apply contributory negligence and I must conclude that Plaintiff was contributorily negligent.

In re: Mrs. Ola Sparks Roberts, administratrix of the Succession of Oliver S. Roberts applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Natchitoches. 304 So.2d 818.

Writ refused. On the facts found by the Court of Appeal, there is no error of law in its judgment. . The basic issue is factual.