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Erie #3



How does forum-sovereign law come into play?

Not sure I understand the question, but.....

If Pennsylvania law applied, the railroad would not be liable for
injuries to undiscovered trespassers resulting from negligence, unless
the negligence was wanton or willful.  The defendant wanted Pennsylvania
law to be applied by the federal court.  They argued that Sect. 34 of
the Judiciary Act required federal courts to apply the state law in
common law actions in federal courts.  Plaintiff argued that, according
to swift, state case law was inapplicable - that fed courts were
required only to apply state statutory law.