GORDON
v.
PORTER, PRICE ADMINISTRATOR

U.S. | 1946-10-28
No. 489
329 U.S. 763 Supreme Court of the United States (1946) Positive Treatment
Cited by 1 case
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  • Eaton v. The Long Island Rail Rd. Co., 398 F.2d 738 (2d Cir. 1968)
    …f injury must be balanced against the ease of taking effective preventive measures. Cf. Boston & Maine R. R. v. Meech, 156 F. 2d 109 (1st Cir.) (locomotive handled in usual and customary manner could have been operated more carefully), cert. denied, 329 U.S. 763 (1946); Prosser Torts, supra, at § 33, p. 170; Funkhauser, supra, 17 Ohio St.L.J. at 371. Nevertheless, the railroad maintains that the judgment below should be reversed because Eaton failed to introduce evidence of the practice of other railroads…

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