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Wednesday, May 1, 2019

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

Business lawfulness case - Essay ExampleHe was walking on a commonly used pathway adjacent to the rail road belonging to Erie railroad company, a company registered in the state of impudent York, and an object protruding outwards from what looked liked the railcars door struck him, knocking him down. His weaponry were crashed beneath the cars doors (Erie 33).The ground for diversity of citizenship allowed the plaintiff to invoke Jurisdiction on the tonic York federal court. At the lower court, the issues were whether the plaintiffs negligence contributed to the proximity course of the deformity. The plaintiffs claim was that the suspect violated his right by hauling the cars doors at him. The defendant on his come apart argued that, he had not in any way violated 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 t respasser. According to them, the Liability borne by Tompkins should be determined according to Pennsylvanian law as allowed by incision 34 of the unify States Federal Judiciary second. On his part, Tompkins argument was that, ordinary negligence standards should be utilize as required by Federal common law (Erie 34).The lower court decided in favor 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 apt(p) to the railway company until the court could come up with a decision.Long before this case was brought forth, in that respect had been an exceptionally clear law regarding the matter at hand. Section 34 of the Federal Judiciary Act provided that the several states law shall only be applicable in a common law trial in making the decision, except where it is otherwise required or provided by the United States Constitution, treaties or statutes, United States court s or in applicable cases. Justice Story

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