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State Ex Rel State Engineer V HornerCourtListener Com  Form

State Ex Rel State Engineer V HornerCourtListener Com Form

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Henry Tompkins was walking along a railroad right of way. At the same time, a train owned by New York-based Erie Railroad Company was passing alongside him. An unknown object jutting out from the side of the train hit Tompkins, severing his right arm. The law of Pennsylvania, where the accident happened, considered Tompkins a trespasser on railroad property. Because of this, the railroad’s only duty to Tomkins under Pennsylvania law was to avoid wanton negligence. Under such a harsh rule, Tompkins would have had a hard time winning his case in a Pennsylvania court. Federal court was a different story. The Rules of Decision Act (or RDA, for short) required federal courts to apply the “laws of the several states” when deciding cases, unless federal law controlled. Put another way, federal courts sitting in diversity were bound to apply state law. For a long time, there was disagreement about what the term “state law” included. The Supreme Court in Swift v. Tyson, interpreted th

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