Case Brief Civil Procedure Bauer State Law in Federal Courts 2 7 15 Identity of Case Erie Railroad Co v Tompkins 304 U S 64 1938 Page 890 of the casebook Summary of Facts Procedural History Tompkins was walking through a footpath that had developed along the railroad s right of way when a protruberance from the train struck him causing injury Although Tompkins was a citizen of Pennsylvania he chose to sue in federal court in NY where Erie was incorporated and in doing so chose NY ish state law for his outcome in NY where a footpath develops along a train s right of way its users are licensees and railroads are responsible Erie argued that the accident occurred in PA and PA law should govern PA law made Tompkins a trespasser Verdict for Tompkins affirmed at 2nd circuit and overturned by SCOTUS Statement of the Issue When the federal court has jurisdiction because of the diversity of the parties on a civil claim which law governs Holding Held state law where the accident occurred or as otherwise governed by state made law Reasoning The law is supposed to instruct people how to avoid liability and avoid committing crimes We need horizontal uniformity uniformity on state law between state and federal district courts in order for the law to serve that function Black White and Swift v Tyson were misguided in that they prevented the preferred result from happening Evaluation
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