Erie Railroad v. Tompkins · ¶19

The fallacy underlying the rule declared in Swift v. Tyson is made clear by Mr. Justice Holmes. The doctrine rests upon the assumption that there is “a transcendental body of law outside of any particular State but obligatory within it unless and until changed by statute,” that federal courts have the power to use their judgment as to what the rules of common law are; and that in the federal courts “the parties are entitled to an independent judgment on matters of general law "—:

U. S. Reports, bound volume
U. S. Reports, volume 304, at 64 (Library of Congress) · transcription: Caselaw Access Project
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