In the case of Delaware, Lackawanna and Western Railroad Company v. Koske in 1928, the U.S Supreme Court ruled on a dispute involving an injured railroad worker's right to compensation under federal law. The plaintiff, Mr. Koske was employed by the defendant company as a brakeman when he suffered injuries due to alleged negligence by his employer. He filed suit for damages under the Federal Employers' Liability Act (FELA). However, his claim was dismissed by lower courts which held that FELA did not apply because at the time of injury he was engaged in intrastate commerce rather than interstate commerce - a requirement for FELA applicability. The Supreme Court reversed this decision stating that even though Mr.Koske might have been involved in intrastate work during his accident, it is enough if he is generally employed in tasks affecting interstate commerce or if his duties are closely related to such activities so as to be practically part of them. Therefore they concluded that FELA does indeed cover him and remanded back for further proceedings.

In the dissenting opinion for Delaware, Lackawanna and Western Railroad Company v. Koske, Justice Stone argued that the majority's decision was inconsistent with previous rulings of the court regarding railroad employees' rights under federal law. He contended that a railroad employee injured while performing his duties should be able to seek compensation from his employer without having to prove negligence on their part. The majority's ruling required such proof, which Justice Stone believed placed an unfair burden on workers who were already at a disadvantage due to their lack of legal knowledge and resources compared to their employers. Furthermore, he asserted that this requirement could potentially discourage other injured workers from seeking compensation in fear they would not be able to meet it.