Marsh v. Nichols, Shepard and Company was a Supreme Court case that was decided in 1891. The case involved a dispute between a company, Nichols, Shepard and Company, and a former employee, William Marsh. Marsh had been employed by the company for several years and had been promised a share of the profits from the company's business. However, when the company dissolved, Marsh was not given his promised share of the profits. Marsh sued the company for breach of contract, and the case eventually made its way to the Supreme Court. The Court held that Marsh was entitled to his promised share of the profits, and that the company had breached its contract with Marsh. The Court also held that Marsh was entitled to damages for the breach of contract. This case established the principle that employers must honor their contractual obligations to their employees, and that employees can seek damages for breach of contract.

In Marsh v. Nichols, Shepard and Company (1917), the Supreme Court of the United States issued a dissenting opinion in which Justice Pitney argued that employers should not be held liable for injuries sustained by employees while working on their premises due to negligence or other fault. He reasoned that such liability would impose an undue burden on employers and could lead to increased costs for businesses without any corresponding benefit to workers. Furthermore, he noted that it was already possible for injured employees to seek compensation through existing legal remedies such as worker's compensation laws or common law tort actions against third parties responsible for causing harm. Thus, Justice Pitney concluded that imposing additional liability upon employers was unnecessary and unjustified under the circumstances presented in this case.