In the case of Great Northern Railway Company v. Donaldson, Administratrix of Thoms (1917), the U.S Supreme Court ruled in favor of the railway company. The case arose from an accident where a train owned by Great Northern Railway hit and killed Mr. Thoms while he was driving his car across a railroad crossing at night without any lights on his vehicle. His widow sued for damages, claiming negligence on part of the railway company as there were no warning signals or guards at that particular crossing to alert drivers about incoming trains. However, upon review, it was found that despite having knowledge about this unguarded crossing and its potential dangers, Mr.Thoms had chosen to cross it under unsafe conditions i.e., during nighttime with no lights on his vehicle which made him practically invisible to approaching trains until too close for them to stop in time. The court held that although railroads have a duty towards public safety including providing adequate warnings at crossings wherever necessary; individuals also bear responsibility for their own safety especially when they are aware of existing hazards yet choose not to take appropriate precautions against them.

In the dissenting opinion for the Great Northern Railway Company v. Donaldson case, Justice Holmes disagreed with the majority's decision to hold the railway company liable for Thoms' death. He argued that there was insufficient evidence to prove negligence on part of the railway company and that it was not clear whether Thoms had been killed by a train or died from other causes. Furthermore, he contended that even if Thoms had been killed by a train, it could have happened in any number of ways which did not involve negligence on behalf of anyone associated with running trains over this crossing at night without lights or watchmen. Therefore, according to him, liability should not be imposed upon mere speculation and conjecture about what might have occurred.