In the 1907 case of Bitterman v. Louisville and Nashville Railroad Company, the U.S Supreme Court ruled in favor of the defendant, Louisville and Nashville Railroad Company. The plaintiff, Mr. Bitterman was a passenger on one of their trains when he was injured due to an accident caused by negligence from another railroad company's employees who were controlling a switch track at that time. He sued for damages but his claim was rejected because it wasn't clear whether or not he had paid fare for his journey which would have made him a lawful passenger entitled to protection under common carrier laws. The court held that even if Mr.Bitterman hadn’t paid fare but boarded with intention to pay later (which is customary), he should be considered as a passenger unless there’s proof showing otherwise; however, they also stated that this doesn’t make him eligible for compensation since the accident occurred due to negligence from third-party employees over whom Louisville & Nashville RR Co had no control or responsibility. This ruling clarified two important aspects: firstly, anyone boarding train intending to pay can be considered as passengers; secondly, railroads aren't liable for accidents caused by third parties' negligence.

In the dissenting opinion for Bitterman v. Louisville and Nashville Railroad Company, the justice argued that the majority's decision was inconsistent with previous rulings of similar cases. The justice believed that there was sufficient evidence to suggest negligence on part of the railroad company in providing a safe working environment for its employees, which resulted in Mr. Bitterman's injury. He contended that it should have been left up to a jury to decide whether or not this constituted as contributory negligence from Mr. Bitterman himself or if it was solely due to employer negligence, rather than being decided by judges alone based on legal technicalities and interpretations of law.