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Erie V Tompkins.pdf

usrep304064.pdf
Preview of Erie v Tompkins
🔗 Source: tile.loc.gov
📊 Size: 961 KB
👤 Author: Supreme Court of the United States
⬇️ Downloads: 86

Summary

The Supreme Court rules that a federal court must apply the law of the state where an accident occurred, rather than a "federal general common law", in a case involving a railroad company's liability for injury to a pedestrian on its right-of-way. The Court overrules the doctrine of Swift v. Tyson, which had allowed federal courts to apply a "general law" in such cases. The Court holds that there is no federal general common law and that Congress has no power to declare substantive rules of common law applicable in a state. The law to be applied in any case is the law of the state, as declared by its highest court or legislature. The Court reverses a lower court's decision that had applied a "general law" in the case, and holds that the federal court should have applied the law of Pennsylvania, where the accident occurred.

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Description

The Supreme Court rules that a federal court must apply the law of the state where an accident occurred, rather than a "federal general common law", in a case...

Technical Information

  • File Format: PDF
  • File Size: 961 KB
  • Pages: 29
  • Language: EN
  • Author: Supreme Court of the United States
  • Total Downloads: 86
  • Last Updated: 2 days ago

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