In Donovan v. Pennsylvania Company, the U.S Supreme Court was tasked with determining whether a railroad company could be held liable for injuries sustained by an employee who was working on a train car at the time of an accident. The plaintiff, Donovan, argued that his employer had been negligent in its failure to provide safe equipment and work conditions. However, the court ruled in favor of the defendant (Pennsylvania Company), stating that it is not within their power or duty to ensure absolute safety for their employees while they are engaged in dangerous occupations such as railroading. The court further stated that workers assume certain risks when they choose to engage in these types of jobs and therefore cannot hold their employers responsible for accidents unless there is clear evidence of negligence or misconduct on part of the employer.

In the dissenting opinion for Donovan v. Pennsylvania Company, Justice Holmes disagreed with the majority's decision to hold the railroad company liable for injuries sustained by an employee who was struck by a train while walking along tracks owned and operated by another company. He argued that it was unreasonable to expect employers to protect their employees from dangers inherent in places where they had no control or authority. According to him, such a ruling would impose an undue burden on businesses and could potentially lead them into legal difficulties beyond their control or prediction. Furthermore, he contended that there were other more appropriate avenues of redress available for workers injured under similar circumstances, such as suing the owner of the property where they were hurt rather than their employer.