A tank truck operated by the Acme Oil Freight Corp. Spilled a large quantity of oil on the…

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A tank truck operated by the Acme Oil Freight Corp. Spilled a large quantity of oil on the farmland of Smith, which is located in Montoursville, Pennsylvania. The accident occurred when a welded seam on the tank burst. Smith sues Acme in federal court for the Western District of Pennsylvania to recover $120,000 for crop damage and soil contamination. Smith seeks recovery by alternatively claiming under:

(i) the Federal Oil Carriers Act, a statute recently enacted by Congress making interstate carriers strictly liable for damage caused by a carrier’s leakage of oil; and

(ii) state common law which make anyone who causes a spill of any toxic material strictly liable for resulting damage.

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