Legalese to English: A Workbook for Civil Procedure by Elura Nanos & Michele Sileo
Author:Elura Nanos & Michele Sileo [Nanos, Elura]
Language: eng
Format: azw3
Publisher: William S. Hein & Co., Inc.
Published: 2010-12-31T16:00:00+00:00
Erie Railroad v. Tompkins
304 U.S. 64 (1938)
This case was a tort case involving a man who got hurt by a train. The railroad was a New York corporation. The plaintiff was a Pennsylvania citizen. The lawsuit was in New York federal court (PA v. NY). That’s really all you need to know about the facts.
The defendant (Erie Railroad) argued that the court should apply Pennsylvania common law to the case. The reason the defendant made that argument was that the Pennsylvania common law really helped its defense of the case. The plaintiff argued that under Swift, that “federal general law” mess was what should be applied.
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