Court : US Supreme Court
Decided on : Feb-01-1943
..... . rule 8(c) covers only the manner of pleading. the question of the burden of establishing contributory negligence is a question of local law which federal courts, in diversity of citizenship cases ( erie r. co. v. tompkins, 304 u. s. 64 ), must apply. cities service oil co. v. dunlap, 308 u. s. 208 ; sampson v. channell, 110 f.2d 754. and ..... manner of pleading. p. 318 u. s. 117 . 4. the question of the burden of establishing contributory negligence is a question of local law which federal courts in diversity of citizenship cases must apply. p. 318 u. s. 117 . 5. the ruling of a lower federal court upon a question of local law will not here be set aside except on ..... action for damages on account of injury and death alleged to have been due to negligence. the jurisdiction of the federal court was invoked on the ground of diversity of citizenship. mr. justice douglas delivered the opinion of the court. this case arose out of a grade crossing accident which occurred in massachusetts. diversity of ..... citizenship brought it to the federal district court in new york. there were several causes of action. the first two were on behalf of respondent individually, one being brought under a .....Tag this Judgment!