Erie Railroad v. Tompkins · ¶39

While amendments to § 34 have from time to time been suggested, the section., stands as originally enacted. Evidently Congress has intended throughout the years that the rule of decision as construed should continue to govern federal courts in trials at common law. The opinion just announced suggests that Mr. Warren’s research has established that from the beginning this Court has erroneously construed § 34. But that author’s “New Light on the History of the Federal Judiciary Act of 1789” does not purport to be authoritative and was intended to be no more than suggestive. The.weight to be given to his discovery has never been discussed at this bar. Nor does the. opinion indicate the ground, disclosed by the research. In his dissenting opinion in the Taxicab case, Mr. Justice Holmes referred to Mr., barren’s work but failed to persuade the Court that “laws” as used in § 34 included…

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