In the case of Davis v. Baltimore & Ohio Railroad Co., 1964, the United States Supreme Court dealt with a dispute over damages resulting from an accident involving a train and an automobile at a railroad crossing in West Virginia. The plaintiff, Davis, was injured when his car collided with one of the defendant's trains. He sued for negligence on part of the railroad company claiming that they failed to provide adequate warning signals at the crossing where he was hit by their train. However, both lower courts ruled in favor of Baltimore & Ohio Railroad Company stating that it had met its legal obligation under state law by installing crossbuck signs at this particular intersection which were considered sufficient warning devices according to West Virginia statutes. The U.S Supreme Court affirmed these decisions arguing that federal laws did not require more than what state law demanded regarding safety measures at railway crossings unless specifically mandated by Interstate Commerce Commission (ICC). Since ICC hadn't ordered additional warnings for this specific crossing beyond those required by state law, no violation occurred on part of B&O Railroad Company.

In the dissenting opinion for Davis v. Baltimore & Ohio Railroad Co., Justice Harlan argued that the majority's decision was inconsistent with previous interpretations of the Federal Employers' Liability Act (FELA). He contended that FELA should not be interpreted to allow recovery for injuries sustained during an employee's regular commute, as it was intended to cover only work-related injuries. According to Justice Harlan, this interpretation would unjustifiably expand employer liability and could potentially lead to absurd results. Furthermore, he criticized the majority's reliance on a broad reading of "scope of employment," arguing instead for a narrower interpretation based on common law principles. In his view, such an expansive understanding could result in employers being held responsible even when they have no control over or benefit from their employees' actions.