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Erie Railroad Co. v. Tompkins
''Erie Railroad Co. v. Tompkins'', , 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.
==Facts==
''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.
By the time the Supreme Court's decision in ''Erie'' was handed down, it had long been settled that when a federal court hears a state cause of action brought in federal district court in diversity, the statutory law of the state would be applied. However, in the case of ''Swift v. Tyson'', 41 U.S. 1 (1842), the Supreme Court had held that the federal courts need not also apply the court-made common law of the states. This had led to forum shopping, a litigation tactic whereby plaintiffs would seek to sue in federal court instead of state court in order to have a different substantive law applied. In light of this inequity, the Supreme Court had to determine whether federal courts should apply state common law.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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