The U.S. Supreme Court case Erie Railroad Company v. Welsh in 1916 revolved around the issue of negligence on part of a railroad company leading to an accident causing injury to a passenger. The plaintiff, Mr. Welsh, was injured when he fell from a moving train operated by the defendant, Erie Railroad Company. He claimed that his fall was due to negligence on part of the railroad company as they failed to provide safe conditions for passengers and did not warn him about potential dangers while boarding or alighting from the train at non-station stops which were customary during that time period. The court ruled in favor of Mr.Welsh stating that it is indeed incumbent upon railroads companies operating interstate trains making non-station stops for receiving and discharging passengers, under established custom or express arrangement with them, must take reasonable precautions for their safety while getting off such trains under circumstances where danger might be apprehended.

In the dissenting opinion for Erie Railroad Company v. Welsh, it was argued that the majority's decision to hold the railroad company liable for injuries sustained by a trespasser on its property was unjustified. The dissenting justices believed that there should be no duty of care owed by landowners to those who enter their property without permission or lawful purpose. They contended that imposing such liability would unduly burden landowners and potentially expose them to limitless claims from individuals injured while unlawfully present on their properties. Furthermore, they disagreed with the majority's interpretation of common law principles regarding premises liability and asserted that these principles did not support holding a landowner responsible for harm suffered by an unauthorized entrant except in cases where deliberate or wanton misconduct could be proven.