In the 1908 case of Atchison, Topeka, and Santa Fe Railway Company v. Calhoun, the U.S. Supreme Court ruled in favor of the railway company after it was sued by a passenger who had been injured during a train derailment caused by an alleged negligent act on part of one of its employees. The court held that under federal law (the Safety Appliance Act), railroads were not liable for injuries to passengers resulting from accidents unless negligence could be proven directly against them rather than their employees. This ruling clarified that while employers are generally responsible for their employee's actions performed within the scope of employment (a principle known as respondeat superior), this did not apply when specific federal laws provided otherwise.

The dissenting opinion in the case of Atchison, Topeka, and Santa Fe Railway Company v. Calhoun argued that the majority's decision to hold the railway company liable for damages was incorrect. The dissenters believed that there was insufficient evidence to prove negligence on part of the railway company. They contended that it is not enough to show a mere possibility or even probability of negligence; rather, it must be proven with certainty before liability can be established. Furthermore, they disagreed with the majority's interpretation of federal law regarding employer liability in cases involving interstate commerce workers' injuries or death due to alleged employer negligence. They maintained that this law did not intend for employers like railways companies to bear such heavy burdens without clear proof of their fault.