California, United States of America
The following excerpt is from Hosking v. Spartan Properties, Inc., 275 Cal.App.2d 152, 79 Cal.Rptr. 893 (Cal. App. 1969):
The court then added that because this, the Pianka case, was the first time the question had been decided it would not hold to the rule but test the judgment by the rule of prior decisions. In subsequent cases, the rule has been followed. (Lavine v. Jessup (1957) 48 Cal.2d 611 at 614, 311 P.2d 8.)
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