In the case of Chesapeake and Ohio Railway Company v. Leitch, the U.S Supreme Court was tasked with determining whether a railway company could be held liable for damages caused by sparks from its locomotives igniting flammable materials on nearby property. The plaintiff, Leitch, had stored baled hay near the defendant's railroad tracks which caught fire due to sparks emitted from passing trains. The lower court ruled in favor of Leitch but upon appeal, the Supreme Court reversed this decision stating that it was not negligence per se for a railway company to operate locomotives that emit sparks. Furthermore, they stated that if such storage is made in close proximity to a railroad track known to be used by spark-emitting engines then it should be considered as contributory negligence barring recovery unless there are statutes specifically providing otherwise.

In the dissenting opinion for Chesapeake and Ohio Railway Company v. Leitch, Justice Stone argued that the majority's decision to allow a railroad company to escape liability for damages caused by its negligence was unjustified. He contended that the railway company had failed in its duty of care towards Mr. Leitch when it allowed him to work on a track without ensuring his safety from approaching trains. The justice believed that this failure constituted negligence on part of the railway company, making them liable for any resulting injury or death - contrary to what was decided by the majority who ruled in favor of Chesapeake and Ohio Railway Company based on their interpretation of Virginia’s state law regarding contributory negligence.