Kataoka v. May Department Stores Co.

(after stating the facts as above).

The question presented by the motion is interesting. It is novel also, because the high courts of California have not been called upon to determine it. So, if there were a conflict between decisions elsewhere, we might,—even in the absence of Erie R. Co. v. Tompkins, 1937, 302 U. S. 671, 58 S.Ct. 50, 82 L.Ed. 518,—choose to follow one group of decisions rather than the other,—following the one that appeals more to our sense of justice and right. See, Burgess v. Seligman, 1882, 107 U.S. 20, 2 S.Ct. 10, 27 L.Ed. 359; Railroad Commission v. Los Angeles Ry. Co.,…