Eerie R.R. Co. v. Tompkins

304 U.S. 64 (1938)

Facts:

• Tompkins is injured by a door protruding from the side of a railroad car while he was walking along a railroad right of way at night.

Contentions of parties:

Eerie: PA law should be applied, Tompkins is a trespasser, and Eerie owed no duty to him.

Tompkins: General common law should be applied, and railroad has a duty to him.

Issue:

Whether Swift v. Tyson should be overruled and federal courts should apply state laws.

Rule:

When federal courts are applying state law, they must apply the law of the state as it is at that moment, either statutory or common law.