The U.S. Supreme Court case Great Northern Railway Company v. Hower in 1914 revolved around the issue of whether a railway company could be held liable for damages caused by sparks from its locomotives, even if it had taken all reasonable precautions to prevent such an occurrence. The plaintiff, Hower, owned land adjacent to the defendant's railroad track and claimed that his property was damaged due to fire sparked by passing trains. The railway company argued that they had used spark arresters and other precautionary measures as per industry standards at the time; hence they should not be held responsible for any damage caused unintentionally. However, the court ruled in favor of Hower stating that despite taking all possible precautions against causing fires through sparks or cinders emitted from their engines, railroads are still liable under common law principles for damages resulting from such fires on adjoining properties because operating a railroad is inherently dangerous.

In the dissenting opinion for Great Northern Railway Company v. Hower, it was argued that the majority's decision to uphold a state law requiring railway companies to compensate employees for injuries sustained on duty, even if they were not negligent, was incorrect. The dissenting justices believed this ruling violated the Due Process Clause of the Fourteenth Amendment because it unfairly imposed liability without fault. They contended that while states have power to regulate businesses within their borders and ensure worker safety, such regulations must be reasonable and cannot violate constitutional rights. In their view, forcing an employer to pay damages without proof of negligence went beyond what is permissible under due process protections.