Erie Railroad Co. v. Tompkins

Erie Railroad Co. v. Tompkins
Supreme Court of the United States
Argued January 31, 1938 Decided April 25, 1938
Full case name	Erie Railroad Company v. Harry J. Tompkins*
Citations	304 U.S. 64 (more) 58 S. Ct. 817; 82 L. Ed. 1188; 1938 U.S. LEXIS 984; 11 Ohio Op. 246; 114 A.L.R. 1487
Prior history	Judgment for plaintiff, S.D.N.Y.; affirmed, 90 F.2d 603 (2nd. Cir. 1937); cert. granted, 302 U.S. 671 (1937)
Subsequent history	On remand, reversed, judgment directed for defendant, 98 F.2d 49 (2nd Cir. 1938)
Holding
Under the Rules of Decision Act, federal district courts in diversity jurisdiction cases must apply the law of the states in which they sit, including the judicial doctrine of the state's highest court, where it does not conflict with federal law. There is no general federal common law. Second Circuit Court of Appeals reversed and remanded.
Court membership
Case opinions
Majority	Brandeis, joined by Hughes, Black, Stone, Roberts
Concurrence	Reed
Dissent	Butler, joined by McReynolds
Cardozo took no part in the consideration or decision of the case.
Laws applied
U.S. Const. art. III (implied); Judiciary Act of 1789 § 34 (now 28 U.S.C. § 725); Rules of Decision Act (now 28 U.S.C. § 1652)
This case overturned a previous ruling or rulings
Swift v. Tyson (1842)

Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), is a landmark decision by the Supreme Court of the United States in which the Court held that federal courts did not have the judicial power to create general federal common law when hearing state law claims under diversity jurisdiction. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts.

Erie began as a simple personal injury case when the plaintiff filed his complaint in diversity in the United States District Court for the Southern District of New York. As explained by the Second Circuit in its decision below, Harry Tompkins—a citizen and resident of Pennsylvania, was walking next to the Erie Railroad's Erie and Wyoming Valley Railroad tracks in Hughestown, Pennsylvania, at 2:30 a.m. on July 27, 1934. A friend of Tompkins had driven him to within a few blocks of his home, which was located on a dead-end street near the tracks. Tompkins chose to walk the remaining distance on a narrow but well-worn footpath adjacent to the tracks. A train approached, and in the darkness an object protruding from one of the cars suddenly struck Tompkins knocking him to the ground. When he fell down, his right arm was crushed beneath the wheels of the train.

The train was owned and operated by the Erie Railroad company, a New York corporation. Tompkins sued this railroad company in a federal district court—the United States District Court for the Southern District of New York. The district court, following the federal law at that time, applied neither New York nor Pennsylvania common law, but instead applied federal common law, which applied an ‘ordinary negligence’ standard in determining the duty of care owed to persons not employed by the railroad or otherwise acting in the course of their employment walking along railroad tracks, instead of Pennsylvania’s common law ‘wanton negligence’ standard for the duty of care owed by railroads to trespassers. The case was decided by a jury which was instructed by Judge Samuel Mandelbaum in accordance with this negligence standard. It found in favor of Tompkins and awarded him damages. The railroad appealed to the Second Circuit, which affirmed, then petitioned the Supreme Court for certiorari, which was granted; Justice Benjamin Cardozo granted the railroad a stay of its obligation to pay the judgment in Tompkins' favor until the Court decided the case.