In the case of Kilpatrick v. Texas & Pacific Railway Co., 1948, the U.S Supreme Court ruled in favor of Texas & Pacific Railway Company. The plaintiff, Mrs. Kilpatrick, sued for damages after her husband was killed while working as a switchman for the railway company due to alleged negligence on their part. However, it was found that Mr. Kilpatrick had failed to follow safety rules and regulations set by his employer which contributed significantly to his death; he did not use a lighted lantern when moving between cars at night as required by company policy. The court held that under Federal Employers' Liability Act (FELA), an employee's contributory negligence does not bar recovery but only diminishes it in proportion to such negligence attributed to him/her - this is known as comparative negligence doctrine. But since there were no jury instructions regarding this principle during trial proceedings and considering evidence showed significant contributory negligence from Mr.Kilpatrick himself, the verdict could have been influenced wrongly against defendant. Therefore,the Supreme Court reversed lower courts' decision awarding damages and remanded case back for new trial with proper instructions about FELA’s comparative fault provision.

In the dissenting opinion for Kilpatrick v. Texas & Pacific Railway Co., Justice Robert H. Jackson argued that the majority's decision was a departure from established principles of law and an unwarranted intrusion into state affairs. He contended that it was not within the purview of federal courts to interfere with state court decisions unless there were clear violations of constitutional rights, which he did not believe existed in this case. Furthermore, he expressed concern over potential negative implications on future cases involving personal injury claims against railroad companies under Federal Employers' Liability Act (FELA). According to him, by allowing such interference without substantial grounds could lead to undermining states’ authority and creating confusion in legal proceedings related to FELA claims.