In the 1915 case Kansas City Western Railway Company v. McAdow, the U.S Supreme Court ruled in favor of McAdow. The dispute arose when a train owned by Kansas City Western Railway Company collided with a horse-drawn wagon driven by McAdow at an intersection where the railway tracks crossed a public highway. As a result of this accident, one person was killed and another injured. At trial, it was found that although there were no warning signs or signals at the crossing to alert drivers about incoming trains, both parties were equally negligent - McAdow for not taking enough caution while crossing and the railway company for failing to provide adequate warnings at such intersections. However, under Missouri law (where this incident occurred), contributory negligence did not bar recovery if defendant's negligence amounted to willful or wanton disregard for safety of others; which is what court concluded regarding railway company’s conduct in this case due its failure to install any warning system on such dangerous crossings despite knowing risks involved. Therefore, even though plaintiff also acted negligently by not being more cautious while crossing railroad track; he could still recover damages from defendant because latter’s behavior constituted gross negligence as per applicable state laws.

The dissenting opinion in the case of Kansas City Western Railway Company v. McAdow argued that the majority's decision to uphold a lower court ruling awarding damages to an employee injured on the job was incorrect. The dissent contended that there was insufficient evidence presented at trial to prove negligence on part of the railway company, which should have been necessary for any damage award. They believed that it was not enough for an accident and injury to occur; rather, it must be proven beyond reasonable doubt that this occurred due to employer negligence or failure in duty of care. Therefore, they disagreed with both the verdict and amount awarded by jury as well as its affirmation by higher courts without such proof being established.