In the case of Armour & Company v. Fort Morgan Steamship Company, Limited et al., 1925, Armour & Co., a meatpacking company, sued Fort Morgan Steamship Co. for damages after their shipment of canned meats was damaged during transport due to alleged negligence by the steamship company. The Supreme Court ruled in favor of the steamship company stating that they were not liable for damage caused by rough seas because it is an inherent risk associated with sea travel and beyond their control. Furthermore, it was found that there had been no breach in contract or duty on part of the carrier as they had taken all necessary precautions to protect cargo from such risks.

The dissenting opinion in the case of Armour & Company v. Fort Morgan Steamship Company, Limited, et al., argued that the majority's decision to hold the steamship company liable for damages was incorrect. The dissenters believed that there was no negligence on part of the ship or its crew and thus they should not be held responsible for any damage caused by rats aboard their vessel. They pointed out that it is common knowledge among those involved in maritime trade that rats are a ubiquitous presence on ships and can cause damage to cargo; therefore, shippers like Armour & Co should take this into account when packing their goods. Furthermore, they contended that even if some degree of care could have been taken by the ship's crew to prevent rat infestation - such as fumigation - these measures would not guarantee complete eradication of rodents from a large vessel like a steamship due to practical limitations. Therefore, according to them, holding shipping companies accountable for rodent-related damages sets an unreasonable standard which may lead to unjust outcomes.