In the case of Louisville and Nashville Railroad Company v. Parker, 1916, the U.S Supreme Court was tasked with determining whether a railroad company could be held liable for injuries sustained by an employee while on duty. The plaintiff's husband had been killed in a train accident and she sought compensation from his employer, arguing that they were negligent in providing safe working conditions. The defendant argued that the deceased had assumed risk associated with his job when he accepted employment and thus they should not be held responsible for his death. The court ruled in favor of the plaintiff stating that employers have an obligation to provide reasonably safe work environments regardless of any perceived assumption of risk by employees. They further stated that it is up to juries to decide if negligence has occurred based on evidence presented during trial proceedings rather than having courts make this determination as part of their ruling process.

In the dissenting opinion for Louisville and Nashville Railroad Company v. Parker, Justice Holmes argued that the court majority had misinterpreted Alabama state law regarding employer liability in workplace accidents. He contended that under Alabama law, an employee assumes certain risks inherent to their job when they accept employment; therefore, employers should not be held liable for injuries resulting from those assumed risks. In this case, he believed that Mr. Parker's death was a result of such an assumed risk as it occurred during his regular duties at work and wasn't due to any negligence on part of the company or its employees. Thus, according to him, the railroad company shouldn't have been found responsible for compensating Mrs.Parker.