In the 1910 case of Delk v. St. Louis and San Francisco Railroad Company, the plaintiff, Delk, was a passenger on one of the defendant's trains when he was injured due to an accident caused by negligence on part of the railroad company's employees. The Supreme Court held that under Missouri law, which governed this case as it occurred in that state, a common carrier like a railroad owes its passengers "the highest degree of care consistent with the practical operation" of its business. This means they must do everything reasonably possible to ensure their safety. In this instance, since there was evidence suggesting negligence by employees leading to injury for Mr.Delk while traveling on their train line; hence it ruled in favor of Delk and upheld his right to damages from St.Louis & San Francisco Railroad Co.

In the dissenting opinion for Delk v. St. Louis and San Francisco Railroad Company, it was argued that the majority's decision to hold the railroad company liable for damages suffered by Mr. Delk due to an accident caused by a third party was unjustified. The dissenting justices believed that while it is true that employers have a duty of care towards their employees, this responsibility should not extend to unforeseeable acts committed by independent third parties who are beyond their control or supervision. They contended that there were no grounds on which to establish negligence on part of the railroad company as they had taken all reasonable precautions in ensuring safety at work; hence, they could not be held accountable for injuries inflicted upon Mr.Delk during his employment with them under circumstances over which they had no influence or authority.