In the case of Baltimore & Ohio Southwestern Railroad Company v. Burtch, 1923, the U.S Supreme Court ruled in favor of the railroad company. The lawsuit was initiated by Mrs. Burtch after her husband died from injuries sustained while working for the railroad company as a brakeman and she sought compensation under federal law (the Federal Employers' Liability Act). However, it was found that Mr. Burtch's death occurred due to his own negligence rather than any fault on part of his employer; he had failed to follow safety protocols which led to him being struck by an overhead bridge while standing on top of a moving train car. Therefore, according to this ruling, employers are not liable for damages if an employee's injury or death is caused primarily by their own carelessness or failure to adhere to safety procedures.

In the dissenting opinion for Baltimore & Ohio Southwestern Railroad Company v. Burtch, it was argued that the court majority erred in its interpretation of federal law and overstepped its bounds by making a decision on state law matters. The dissent contended that the Federal Employers' Liability Act (FELA) did not preclude an employee from seeking damages under state laws if their injury occurred outside of interstate commerce activities. They believed this case should have been decided based on Kentucky's wrongful death statute rather than FELA because the accident happened while performing tasks unrelated to interstate commerce. Furthermore, they disagreed with how causation was determined, arguing that there wasn't sufficient evidence to prove negligence by the railroad company directly caused Burtch's death.