Erie Railroad v. Tompkins
304 U.S. 64 · 1938-04-25
There is no federal general common law: federal courts sitting in diversity apply state law.
Edition: U. S. Reports, bound volume
Source: U. S. Reports, volume 304, at 64 (Library of Congress) · transcription: Caselaw Access Project
Voices: •Mr. Justice Brandéis delivered the opinion of the Court. · Mr. Justice Reed.
The question for decision is whether the oft-challenged doctrine of Swift v. Tyson shall now be disapproved.
Tompkins, a citizen of Pennsylvania, was injured on a dark night by a passing freight train of the Erie Railroad Company while walking along its right of way at Hughestown in that State. He claimed that the,accident occurred through negligence in the operation, or maintenance, of the train; that h.e was rightfully on the premises as licensee because on a commonly used beaten: footpath which rah for a short distance alongside the tracks; and that he was struck by something which looked like a door projecting from one of the moving cars. To enforce that claim he brought an action in the federal…Read it in the reading room ›