Guadagno v. Baltimore & Ohio Railroad

OPINION OF THE COURT

Mario J. Rossetti, J.

Motion by defendant, Baltimore & Ohio Railroad Company, and joined in by defendants, L.C.P. Chemicals & Plastics, Inc., *713and third-party defendant, Town of Hamburg, for summary judgment.

On October 31, 1981, at 7:00 a.m., plaintiff, a Town of Hamburg police officer, while off duty, was contacted at home and advised that a train had derailed, prompting a declaration of a state of emergency in the town, and was ordered to report to the area of the derailment. Upon his arrival, plaintiff was told that there was a fire, creating the danger of an explosion,…