Legal Opinion

Erie Railroad v. Tompkins

Supreme Court of the United States

Decided April 25, 1938No. 367PublishedCited by 11 opinions

1Opinion of the Court 1

304 U.S. 64 (1938)

ERIE RAILROAD CO.

v.

TOMPKINS.

No. 367.

Supreme Court of United States.

Argued January 31, 1938.

Decided April 25, 1938.

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

Mr. Theodore Kiendl, with whom Messrs. William C. Cannon and Harold W. Bissell were on the brief, for petitioner.

Mr. Fred H. Rees, with whom Messrs. Alexander L. Strouse and William Walsh were on the brief, for respondent.

2Opinion of the Court · BrandeisJustice Brandeis

The question for decision is whether the oft-challenged doctrine of Swift v. Tyson[1] shall now be disapproved.

Tompkins, a citizen of Pennsylvania, was injured on a dark night by…

3Cases cited69 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Myers v. United StatesSupreme Court of the United States · 1926
  3. Olson v. United StatesSupreme Court of the United States · 1934
  4. Messenger v. AndersonSupreme Court of the United States · 1912
  5. Swift v. TysonSupreme Court of the United States · 1842

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4Cited by11 opinions

  1. Scalia v. Cnty. of KernDistrict Court, E.D. California · 2018
  2. Jerry Beeman & Pharmacy Services, Inc. v. Anthem Prescription Management, LLCCourt of Appeals for the Ninth Circuit · 2011
  3. (PC) Jorgenson v. United States of AmericaDistrict Court, E.D. California · 2019
  4. Am. States Ins. Co. v. Ins. Co. of Pa.District Court, E.D. California · 2018
  5. Caitlin Ahearn v. Hyundai Motor AmericaCourt of Appeals for the Ninth Circuit · 2018

6 more not listed; retrieve them via the Exa API.

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