Erie Railroad v. Tompkins · ¶23

Fourth. The defendant contended that by the common law of Pennsylvania as declared by its highest court in Falchetti v. Pennsylvania R. Co., 307 Pa. 203; 160 A. 859, the only duty owed to the plaintiff was to refrain from wilful or wanton injury. The plaintiff denied that such is the Pennsylvania law. In support of their respective contentions the parties discussed and cited many decisions of the Supreme Court of the State. The Circuit Court of Appeals ruled that the question of liability is one of general law; and on thjat ground declined to decide the issue of state law. As. we hold this was error, the judgment is reversed and the case remanded to it for further proceedings in conformity with our opinion.

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