Legal Opinion

Prata v. National Railroad Passenger Corp.

Appellate Division of the Supreme Court of the State of New York

Decided September 20, 1979PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Lynch, J.

The plaintiff Anthony Praia, 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—in a sense, ignited—by the weight of the train mixing the sand with the chemicals. The explosion sounds a warning of trouble ahead to the engineer.

Praia and his wife…

2Cases cited16 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  3. Urie v. ThompsonSupreme Court of the United States · 1949
  4. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  5. Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Healey v. Firestone Tire & Rubber Co.New York Court of Appeals · 1996
  2. Martell v. Boardwalk Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
  3. Martell v. Boardwalk Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
  4. D'Amico v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Koerner v. Club Mediterranee, S.A.District Court, S.D. New York · 1993

4 more not listed; retrieve them via the Exa API.

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