Brabham v. Mississippi ex rel. Smith

The petition for rehearing urges upon us that the overruling in Erie Railroad Co. v. Tompkins, 58 S.Ct. 817, 82 L.Ed.-, of the doctrine of Swift v. Tyson, 16 Pet. 1, 10 L.Ed. 865, under which this case was tried below, and heard here, requires the withdrawal of our opinion, and the granting of a rehearing.

We agree that the case was wrongly tried below and determined here as a matter of general law, and not one to be controlled by the applicable decisions of the Mississippi courts. We agree therefore, that so much of the opinion as sought a solution of the case by resort to the general, rather…