In the case of Lehigh Zinc and Iron Company v. Bamford, 1893, the U.S. Supreme Court ruled in favor of Bamford, upholding a lower court's decision that Lehigh Zinc and Iron Company was liable for damages caused by pollution from its zinc smelting operation. The company had appealed to the Supreme Court after being found guilty of causing harm to Bamford's property through emissions from their factory which killed vegetation on his land. The company argued that they were not responsible as they were operating within legal limits set out by Pennsylvania state law at the time; however, this argument was rejected by both courts who held them accountable for any damage caused regardless of whether it fell within permissible levels or not.

In the dissenting opinion for Lehigh Zinc and Iron Company v. Bamford, it was argued that the plaintiff should not be allowed to recover damages because he willingly assumed risk when he accepted employment at a dangerous workplace. The justice believed that an employee's decision to work in such conditions implies consent to potential risks associated with the job, thus absolving employers of liability for injuries sustained during normal operations. Furthermore, they contended that if employees could sue their employers every time they got hurt on the job despite knowing its inherent dangers beforehand, it would create an unsustainable burden on businesses and potentially harm economic growth. They also pointed out inconsistencies in how courts have applied this principle of "assumption of risk," leading to confusion and unfair outcomes.