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Indiana Harbor Belt Railroad Company, Cross-Appellant v. American Cyanamid Company, Cross-Appellee
Court of Appeals for the Seventh Circuit (1990) | 916 F.2d 1174; 21 Envtl. L. Rep. (Envtl. Law Inst.) 20360; 32 ERC (BNA) 1228; 1990 U.S. App. LEXIS 18324; 1990 WL 156424
TL;DR: A railroad sued a chemical manufacturer under a strict liability theory after a hazardous chemical leaked from a tank car. The court rejected strict liability, holding that shipping the chemical was not an abnormally dangerous activity because the accident was preventable through due care.
Legal Significance: This case refines the "abnormally dangerous activity" analysis, holding that strict liability is inappropriate when the risk of harm can be eliminated by exercising due care. The focus is on the activity's intrinsic danger, not the hazardous nature of the substance being transported.