Legal Opinion
Erie Railroad v. Tompkins
Supreme Court of the United States
Decided April 25, 1938No. 367PublishedCited by 18,027 opinions
1Opinion of the Court
*69•Mr. Justice Brandéis
delivered the opinion of the Court.
The question for decision is whether the oft-challenged doctrine of Swift v. Tyson1 shall now be disapproved.
Tompkins, a citizen of Pennsylvania, was injured on a dark night by a passing freight train of the Erie Railroad Company while walking along its right of way at Hughestown in that State. He claimed that the,accident occurred through negligence in the operation, or maintenance, of the train; that h.e was rightfully on the premises as licensee because on a commonly used beaten: footpath which rah for a short distance alongside the…
2Cases cited65 opinions
- Myers v. United StatesSupreme Court of the United States · 1926
- Olson v. United StatesSupreme Court of the United States · 1934
- Messenger v. AndersonSupreme Court of the United States · 1912
- Swift v. TysonSupreme Court of the United States · 1842
- Gunning v. CooleySupreme Court of the United States · 1930
60 more not listed; retrieve them via the Exa API.
3Cited by18,027 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Gideon v. WainwrightSupreme Court of the United States · 1963
18,022 more not listed; retrieve them via the Exa API.