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Indiana Harbor Belt Railroad Co. v. American Cyanamid Co.
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Indiana Harbor Belt Railroad Co. v. American Cyanamid Co., 916 F.2d 1174 (7th Cir. 1990), is a decision of the United States Court of Appeals for the Seventh Circuit authored by Judge Richard Posner. The case has subsequently become a staple of first year Torts courses taught in American law schools, where the case is used to address the question of when it is better to use negligence liability or strict liability.[1]
Quick Facts Indiana Harbor Belt Railroad Co. v. American Cyanamid Co., Court ...
Indiana Harbor Belt Railroad Co. v. American Cyanamid Co. | |
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Court | United States Court of Appeals for the Seventh Circuit |
Full case name | Indiana Harbor Belt Railroad Company v. American Cyanamid Company |
Decided | October 18 1990 |
Citation | 916 F.2d 1174, 32 ERC 1228; 59 USLW 2295 |
Holding | |
A shipper of a hazardous chemical by rail is not strictly liable for the consequences of a spill or other accident to the shipment en route. A shipper may, however, be held liable if a plaintiff can prove that the shipper acted negligently. | |
Court membership | |
Judges sitting | Richard Posner, Daniel Anthony Manion and Michael Stephen Kanne |
Case opinions | |
Majority | Posner, joined by Manion, Kanne |
Laws applied | |
Restatement (Second) of Torts § 520 |
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