Friday, June 14, 2019

Business Law case Essay Example | Topics and Well Written Essays - 1250 words

Business Law case - Essay ExampleHe was walking on a commonly used footpath adjacent to the rail road belonging to Erie railroad company, a company registered in the state of New York, and an butt protruding outwards from what looked liked the railcars door struck him, knocking him down. His arms were crashed beneath the cars doors (Erie 33).The ground for diversity of citizenship allowed the complainant to invoke Jurisdiction on the New York federal court. At the lower court, the issues were whether the plaintiffs negligence contributed to the proximity course of the injury. The plaintiffs claim was that the defendant violate his right by hauling the cars doors at him. The defendant on his part argued that, he had not in any way break any of the plaintiffs rights and that the injury to the plaintiff was caused by his own negligence (Erie 34).The defendants denied liability arguing that the duty owed to Tompkins was not greater than that owed to a trespasser. correspond to them, the Liability borne by Tompkins should be determined according to Pennsylvanian law as allowed by Section 34 of the United States Federal Judiciary Act. On his part, Tompkins demarcation was that, ordinary negligence standards should be applied as required by Federal common law (Erie 34).The lower court decided in opt of Tompkins, where he was awarded $ 30000 by the jury. On appeal, the decision was upheld. The defendants petitioned the court for a stay of Certiorari. The stay was granted to the railway company until the court could come up with a decision.Long before this case was brought forth, there had been an exceptionally clear law regarding the matter at hand. Section 34 of the Federal Judiciary Act provided that the some(prenominal) states law shall only be applicable in a common law trial in making the decision, except where it is differently required or provided by the United States Constitution, treaties or statutes, United States courts or in applicable cases. Justi ce Story

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