In Erie Railroad v. Tompkins, where Tompkins was hit by a New York train while in Pennsylvania, regarding the application of common law in a diversity of citizenship case in federal district court, the Supreme Court decided that:
a. federal courts must follow procedural law of the state in which it is located
b. federal courts may apply either state or federal common law to resolve a case before it c. the common law of the appropriate state must be applied in cases in federal courts
d. federal courts must follow federal common law in all disputes before them e. none of the other choices are correct
Question 2
In Erie Railroad Co v. Tompkins, where Tompkins sued a New York company that owned a train that hit him in Pennsylvania:
a. the U.S. Supreme Court said that federal common law must be applied in federal court
b. the U.S. Supreme Court said that since this was a matter of common law involving two states, it was a matter for the state courts, not federal district court
c. the Supreme Court of Pennsylvania said this was a matter of New York common law that must be tried in federal court
d. the Supreme Court of New York said this was a matter of Pennsylvania common law that must be tried in that state
e. none of the other choices are correct
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