Friday, October 10, 2014

Indiana Harbor v. American Cyanamid case brief summary

Indiana Harbor v. American Cyanamid case brief summary

F: D loaded a railway car with a toxic chemical. The car stopped at P railroad yard for purposes of switching to another train. While parked in P yard, the car began to leak, and toxic chemical spilled and damages P.
 

I: Is the manufacture and shipping of toxic chemicals an abnormally dangerous activity?
 

R: No, the manufacture and shipping of toxic chemicals is not an abnormally dangerous activity

A: It was not the inherent dangerousness of toxicants that caused this accident, but someone’s negligence which caused a leak. Shipping chemicals are very valuable to the community.

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