In the 1904 case of Knapp v. Lake Shore and Michigan Southern Railway Company, the U.S Supreme Court ruled in favor of the railway company. The plaintiff, Knapp, had sued for damages after a train accident caused by an alleged negligence on part of the railway company resulted in his injury. However, it was found that he himself had been negligent as well since he failed to look out for incoming trains before crossing despite being aware that it was a frequently used track. The court held that even if there were some negligence on part of the defendant (the railway company), they would not be liable because contributory negligence from Knapp's side played a significant role in causing his injuries.

In the dissenting opinion for the case of Knapp v. Lake Shore and Michigan Southern Railway Company, it was argued that the majority's decision to hold a railway company liable for damages caused by sparks from its locomotive was incorrect. The dissenting justices believed that this ruling would place an undue burden on railway companies, as they could not reasonably be expected to prevent all instances of fire damage resulting from their operations. They also disagreed with the majority's interpretation of negligence in this case, arguing that there was no evidence to suggest that the railway company had acted recklessly or without due care. Instead, they suggested that such fires were an unfortunate but inevitable risk associated with train travel during this period.