Erie Railroad v. Welsh

Citations

• 89 Ohio St. (N.S.) 81

Syllabus

<p>Conflict of laws — Law of forum controls, when — Federal and state laws — Facts to■ be pleaded, when — Judicial notice of federal laws —State and federal laws to be pleaded, when — Existence of facts question for jury, when — Application - of federal employers’ liability act of igo8 — Personal injury — Master and servant.</p> <p>1. In the courts of this state the presumption obtains that the law of the forum controls the rights of the parties to the litigation.</p> <p>2. .Where it is claimed by either party that the law of another state or of the United States applies to the exclusion of the law of the forum, the facts upon which such claim is based must be pleaded.</p> <p>3. Our state courts will take judicial notice of all. federal laws. Therefore, it is not necessary that these laws should be pleaded, but only the facts that bring the case within their operation. If it be claimed that the law of another state controls, then the law of that state must be pleaded.</p> <p>4. The determination of the existence of such facts when denied by answer or reply is a question for the jury, and when no such issue is joined in the pleadings evidence will not be received either to prove or disprove the same, but the presumption will obtain that the law of the forum applies.. ,,</p> <p>5. Where in a suit by an employe of a railroad company to recover damages for injury sustained while in the service of such company it is averred and-admitted or proven' that the servant was engaged in interstate commerce at the time-he received, the injury complained .of, the provisions of the federal employers’ liability act of 1908 fixes, limits and controls thé rights and liabilities of the parties, to the exclusion of the statute of the state. .. . .</p>