National Steel Service Center, Inc. v. Gibbons

McCORMICK, Justice.

The United States Court of Appeals for the Eighth Circuit has certified the following question to us: “Does the theory of strict liability for abnormally dangerous activities apply to a common carrier under the circumstances of this case?” We answer the question affirmatively.

The court of appeals recited the facts it deemed relevant to the certified question:

This is a civil action brought by National Steel Service Center, Inc., (National Steel) against William Gibbons, the bankruptcy trustee of the Chicago, Rock Island and Pacific Railroad Company (Rock Island) for damages…