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PRATA v. NAT. R.R.

70 A.D.2d 114 (1979)

Anthony Prata et al., Respondents, v. National Railroad Passenger Corporation, Also Known as Amtrak, et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 20, 1979

Attorney(s) appearing for the Case

Edward F. Butler of counsel (Conboy, Hewitt, O'Brien & Boardman, attorneys), for National Railroad Passenger Corporation, appellant.

Lester E. Fetell (Sidney Cohen with him on the briefs; Levy, Bivona & Cohen, attorneys), for Standard Railway Fusee Corporation, appellant.

Steven E. Pegalis of counsel (Roger K. Solymosy with him on the brief; Pegalis & Wachsman, attorneys), for respondents.

KUPFERMAN, FEIN and LANE, JJ., concur with LYNCH, J.; MURPHY, P. J., dissents in an opinion.

LYNCH, J.

The plaintiff Anthony Prata, an employee of the defendant Amtrak, had his right hand blown off by a railroad torpedo. A railroad torpedo is a coated brown paper package, two inches square and a half inch thick, with a strip of metal running through it to hold it in place on a railroad track. The package contains an explosive charge of chemicals and sand. When it is affixed to a track it is detonated...

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