n Swift _v._ Tyson, 16
Pet. 1, 23.

[539] The Tyson doctrine was extended to wills in Lane _v._ Vick, 3 How.
464 (1845); to torts in Chicago City _v._ Robbins, 2 Bl. 418 (1862); to
real estate titles and the rights of riparian owners in Yates _v._
Milwaukee, 10 Wall. 497 (1870); to mineral conveyances in Kuhn _v._
Fairmont Coal Co., 215 U.S. 349 (1910); to contracts in Rowan _v._
Runnels, 5 How. 134 (1847); and to the right to exemplary or punitive
damages in Lake Shore & M.S.R. Co. _v._ Prentice, 147 U.S. 101 (1893).
By 1888 there were 28 kinds of cases in which federal and State courts
applied different rules of the common law. _See_ George C. Holt, The
Concurrent Jurisdiction of the Federal and State Courts (New York,
1888), 159-188.

[540] Rowan _v._ Runnels, 5 How. 134 (1847); Gelpcke _v._ Dubuque, 1
Wall. 175 (1864).

[541] Williamson _v._ Berry, 8 How. 495 (1850); Pease _v._ Peck, 18 How.
595 (1856); Watson _v._ Tarpley, 18 How. 517 (1856).

[542] Lane _v._ Vick, 3 How. 464 (1845); Williamson _v._ Berry, 8 How.
495 (1850); Gelpcke _v._ Dubuque, 1 Wall. 175 (1864).

[543] 149 U.S. 308, 401-404 (1893).

[544] 215 U.S. 349, 370 (1910).

[545] 276 U.S. 518 (1928).

[546] Ibid. 533. Justice Holmes was influenced in part by the article of
Charles Warren, New Light On The History Of The Federal Judiciary Act of
1789, 37 Harv. L. Rev. 49, 81-88 (1923), in which Mr. Warren produced
evidence to show that Justice Story's interpretation in the Tyson Case
was contrary to the intention of the framers of the act. Mr. Warren did
not, however, contend that the Tyson rule was unconstitutional. Justice
Holmes was joined in his dissent by Justices Brandeis and Stone. In
addition to judicial dissatisfaction with the Tyson rule as manifested
in dissents, disapproval in Congressional quarters resulted in bills by
Senators Walsh and Norris in the 70th and 71st Congresses, S. 3151, 70th
Cong., 1st. sess., S. Rept. 626 of Committee on the Judiciary, March 27,
1928; S. 4357, 70th Cong., 2d. sess., S. Rept. 691, Committee on the
Judiciary, May 20, 1930; S. 4333, 70th Cong., 1st. sess.; S. 96, 71st
Cong., 1st. sess.

[547] 293 U.S. 335 (1934).

[548] This concept was first used by Justice Bradley in Burgess _v._
Seligman, 107 U.S. 21 (1883).

[549] 293 U.S. 335, 339.

[550] 304 U.S. 64 (1938).

[551] 304 U.S. 64, 69-70, 77-78.

[552] Ibid. 79-80.

[553] 304 U.S. 64, 80-90.

[554] Ibid. 90, 91-92.

[555] 311 U.S. 223