Erie Railroad Co. v. Tompkins

Harry (later in his life known, alas, as "Lefty") Tompkins was walking parallel to railroad tracks on a commonly-used footpath on land that the Erie Railroad Corporation owned in Pennsylvania when he was struck by an object (likely a door that someone had forgotten to close, and that the Erie Railroad employees had failed to notice before the train's run) sticking off a passing train. This object severed Tompkins' right arm.

According to Pennsylvania law, Tompkins was considered a trespasser (because the Erie Railroad Corporation owned the land on which the commonly used footpath laid) and would not be able to recover damages. Under Pennsylvania law, the railroad would only owe trespassers the duty to avoid wanton negligence. The majority rule in other states, however, and the rule under the "general law" regime of Swift v. Tyson, was that the railroad company owed a duty of ordinary care to Tompkins, meaning he might be able to recover damages.

Tompkins' lawyers tried to avoid Pennsylvania's law by suing in New York federal court. This move was calculated to take advantage of the rule established by Swift, which said that federal courts must apply "general law" in the absence of state statutory law. The district court applied the general law and upheld a jury damages to Tompkins. The court of appeals affirmed, and the Supreme Court granted certiorari.