SENTRY INSURANCE v. ARKLA TEX AUTO AUCTION, INC., 307 So.2d 371 (La. 1975)

SENTRY INSURANCE, A MUTUAL COMPANY v. ARKLA TEX AUTO AUCTION, INC.

No. 55739.Supreme Court of Louisiana.
January 31, 1975.

IN RE: ARKLA TEX. AUTO AUCTION, INC. APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO.

[1] Writ denied. On the facts found by the Court of Appeal, there is no error of law in the judgment. [2] BARHAM, J., concurs. I agree that relator is a compensated depositary. The facts related in the opinion show no departure from use of “the same diligence in preserving the deposit that he uses in preserving his own.” Nevertheless I accept the Court of Appeal’s statement that in the full evidence relator “failed to establish its freedom from fault.” [3] DIXON, J., dissents from the refusal, believing the burden placed on the depositary exceeds ordinary diligence. [4] MARCUS, J., dissents from the refusal to grant the writ.