In the 1915 case of Jacobs v. Southern Railway Company, the U.S Supreme Court ruled in favor of the defendant, Southern Railway Company. The plaintiff, Jacobs had sued for damages after a railway accident caused by alleged negligence on part of the company's employees resulted in his injury. However, he was unable to provide any evidence supporting his claim that negligence from an employee led to his injuries during trial proceedings at lower courts which led them to rule against him as well. Upon reaching Supreme Court level, it upheld these rulings stating that there was no substantial evidence provided by Jacobs proving fault on behalf of Southern Railway Company or its employees leading up to his injuries and therefore could not be held liable for damages.

In the dissenting opinion for Jacobs v. Southern Railway Company, Justice Holmes argued that the plaintiff should not be barred from seeking damages due to contributory negligence because he was unaware of the danger posed by a moving train. He contended that it is unreasonable to expect an ordinary person without special knowledge about trains to anticipate their speed and force accurately. The justice believed that such expectations would only serve as a shield for corporations against claims made by injured employees or other victims who lack specialized knowledge about industrial operations. Therefore, he disagreed with the majority's decision which held that if someone voluntarily puts themselves in harm's way while being aware of potential dangers, they cannot claim damages when harmed.