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Erie Railroad Co. v. Tompkins

United States Supreme Court
304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188 (1938)

Written by Angela Patrick, JD

Facts

Harry Tompkins (plaintiff) was walking next to railroad tracks in Pennsylvania when something protruding from a passing train hit him, severing his arm. The train was owned by Erie Railroad Co. (Erie) (defendant), a New York company. The Pennsylvania common law regarding negligence claims favored Erie. In contrast, the negligence law in most other states favored Tompkins. Against this backdrop, Tompkins sued Erie in a New York federal court, invoking the federal court’s diversity jurisdiction. In the lawsuit, Erie argued that Pennsylvania’s common law governed the negligence claim. However, the federal district court relied on Swift v. Tyson to reject Pennsylvania’s common law and to find that general law—essentially a form of federal common law—governed the negligence claim instead. The district court then determined that the general law of negligence reflected the majority rule that favored Tompkins. Under this general-law standard, Tompkins won and recovered substantial damages. The federal circuit court affirmed the judgment. The United States Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Brandeis, J.)

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Concurrence (Reed, J.)

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Dissent (Butler, J.)

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