
    259 So.2d 914
    STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Habeeb MONSUR, Jr., et al.
    No. 52260.
    April 6, 1972.
   the result is correct.

SANDERS, J., is of the opinion that a writ should be granted.

SUMMERS, J., is of the opinion that the writ should be granted.

TATE, J.,

dissents. The majority apparently accepts the premise that this case, under its peculiar facts, is not decided in conflict with such jurisprudence as State, Dept. of Highways v. Landry, 171 So.2d 779 (La.App. 3 Cir. 1965), cert. denied 247 La. 676, 173 So.2d 541. I do not.  