Q1.Why
did Tompkins sue the Erie Railroad in federal court in New York rather
than in the Pennsylvania state courts?(Choose the
best answer)
Tompkins sued in New York federal court to take
advantage of New York's negligence law, which was more favorable
than Pennsylvania's law.
The case of Swift v. Tyson held that
federal courts could apply general law in diversity cases, and
Tompkins had a better chance under general principles than under
Pennsylvania law.
Because a
Pennsylvania state court would have used Pennsylvania common
law as the governing law, Tompkins would have lost because he was a
trespasser who could not prove wanton or willful negligence as
required by Pennsylvania law. In
other words, he sued in federal court to avoid local law.
Question 1
