In the 1916 case Baltimore & Ohio Railroad Company v. Wilson, the U.S Supreme Court ruled in favor of the railroad company. The dispute arose when a train owned by Baltimore & Ohio Railroad hit and killed several cows that had wandered onto its tracks from an adjacent farm owned by Mr. Wilson. The farmer sued for damages, arguing that it was customary for trains to slow down or stop when livestock were seen on or near the tracks, and thus negligence on part of the railroad led to his loss. However, Justice Holmes delivered a unanimous decision stating that there is no such custom recognized under law which requires trains to slow down or stop upon seeing animals on track; rather it's up to farmers and cattle owners to ensure their livestock do not stray onto railway lines as they are private property meant exclusively for running trains at regular speed without any hindrance.

In the dissenting opinion for Baltimore & Ohio Railroad Company v. Wilson, it was argued that the majority's decision to hold the railroad company liable for injuries suffered by an employee who fell from a moving train was incorrect. The dissenting justices believed that there wasn't sufficient evidence to prove negligence on part of the company and thus, they should not be held responsible for accidents occurring due to inherent risks associated with railway work. They contended that railroads could not reasonably be expected to provide absolute safety under all circumstances and conditions in such a dangerous industry. Furthermore, they asserted that employees willingly accept these known dangers when choosing their occupation within this field.