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Civil Procedure Keyed to Babcock
Erie R.R. Co. v. Tompkins
Citation:
304 U.S. 64 (1938)ProfessorTodd Berman
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Facts
Plaintiff Tompkins, a citizen of Pennsylvania, was injured by a train operated by Defendant Erie, a New York company while walking along train tracks. Plaintiff Tompkins sued Defendant Erie in New York federal court. Defendant Erie argued that the company was not liable under Pennsylvania state law because Plaintiff Tompkins was a trespasser and they would only be liable if their actions were wantonly negligent. Plaintiff Tompkins argued that federal general law should apply. The trial judge relied on Swift v. Tyson in holding that federal courts are only bound to apply state statutory and customary law but not common law, and therefore federal general law applied. The majority rule under federal law was that railroad companies like Defendant Erie owed a duty of ordinary care to travelers like Plaintiff Tompkins, therefore the district court entered judgement for Plaintiff Tompkins. The court of appeals affirmed, holding that federal courts could use their discretion on matters of general law. The Supreme Court of the United States granted certiorari.
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