In the 1903 case of Missouri, Kansas and Texas Railway Company v. May, the U.S. Supreme Court ruled in favor of the railway company. The dispute arose when Mr. May was injured while working for the railway company and sued for damages under a state law that held employers liable for injuries caused by fellow employees' negligence if they were acting within their scope of employment at the time of injury. The court found this law to be unconstitutional as it violated due process rights provided by Fourteenth Amendment because it imposed liability without fault on employers who had no control over their employees’ actions during work hours or any ability to prevent such accidents from happening.

In the dissenting opinion for Missouri, Kansas and Texas Railway Company v. May, Justice Harlan argued that the majority's decision was a departure from established principles of law. He contended that it was well-established in common law that a person who voluntarily places himself in a dangerous situation cannot recover damages if he is injured as a result. However, this principle should not apply when an individual has no choice but to expose themselves to danger due to their employment conditions or circumstances beyond their control. In such cases, employers have an obligation to take reasonable precautions for the safety of their employees. The railway company failed in its duty by neglecting necessary repairs on its tracks which led directly to May's injury while performing his duties as required by his job position with them; therefore they should be held liable for negligence and pay compensation accordingly.