In the 1908 case of Chesapeake and Ohio Railway Company v. McCabe, Administratrix, the U.S Supreme Court ruled in favor of the railway company. The case involved a fatal accident where an employee was killed while working on a moving train due to negligence by his co-workers. His widow sought damages under Kentucky law which allowed recovery for death caused by wrongful act or negligence. However, her claim was dismissed because it did not meet requirements set out in federal legislation - specifically, the Federal Employers Liability Act (FELA). This act required that any claims for damages had to be filed within two years from when injury occurred and only applied if victim's work furthered interstate commerce at time of incident – conditions not met in this instance.

In the dissenting opinion for Chesapeake and Ohio Railway Company v. McCabe, Justice Harlan disagreed with the majority's decision to overturn a lower court ruling that awarded damages to Mrs. McCabe for her husband's death in a railway accident. He argued that there was sufficient evidence presented at trial to support the jury’s finding of negligence on part of the railway company, including testimony from eyewitnesses who claimed they saw no lights or heard no whistle before Mr. McCabe was struck by the train while crossing tracks at night time. Furthermore, he contended that it is not within Supreme Court’s jurisdiction to reevaluate facts established by juries unless there are exceptional circumstances which did not exist in this case.