In the case of Bowersock v. Smith, 1916, the U.S Supreme Court was called upon to determine whether a Kansas state law that allowed for damages in wrongful death cases violated due process under the Fourteenth Amendment. The plaintiff, Mrs. Smith as administratrix of her late husband's estate, sued Mr. Bowersock after her husband died from injuries sustained while working at his mill. She claimed negligence on part of Mr.Bowersock and sought compensation under a Kansas statute which permitted recovery for such losses without any limit on amount recoverable. The defendant argued this law was unconstitutional because it did not provide him with an opportunity to be heard regarding potential excessive damage awards (violating due process). However, the court disagreed and upheld its constitutionality stating that there is no constitutional right to have damages assessed by jury or otherwise limited in personal injury or wrongful death suits; rather states can decide their own procedures and limits for these matters so long as they do not violate fundamental fairness principles inherent in due process clause.

In the dissenting opinion for Bowersock v. Smith, it was argued that the court erred in its decision to uphold a lower court's ruling that awarded damages to an employee injured on the job due to negligence of his employer. The dissenting justices believed that there was not sufficient evidence presented at trial to prove negligence on part of the employer and therefore, they should not be held liable for damages. They also disagreed with how certain pieces of evidence were interpreted by both the jury and majority justices, believing these interpretations skewed towards favoring the plaintiff unfairly. Furthermore, they felt that instructions given to jurors were misleading or confusing which may have influenced their verdict improperly.