In the case of Moore v. Chesapeake & Ohio Railway Co., 1933, the U.S Supreme Court ruled in favor of the railway company. The plaintiff, Mr. Moore, was a passenger on one of their trains when he got injured due to an alleged negligent act by an employee of the railway company while trying to board it at a station stop. He sued for damages under federal law but his claim was dismissed by lower courts because they found that he had not complied with Virginia state law requiring him to give notice within thirty days after his injury occurred before filing suit against common carriers like railroads for personal injuries suffered as passengers. On appeal, Mr.Moore argued that this state requirement conflicted with and thus should be preempted by federal laws governing such lawsuits which did not contain any similar notice provision or time limit for filing suits. The Supreme Court disagreed and upheld dismissal of his lawsuit finding no conflict between these two sets of laws since both could be followed without contradiction: plaintiffs can comply with Virginia's notice requirement first then file their lawsuits under applicable federal statutes afterwards if they wish so there is no preemption issue here.

In the dissenting opinion for Moore v. Chesapeake & Ohio Railway Co., Justice Stone argued that the majority's decision was inconsistent with previous rulings of the Court and violated principles of federalism. He contended that it was not within the purview of federal courts to interpret state laws in a way contrary to their interpretation by state courts, especially when such interpretations could have significant impacts on local economies and industries. Furthermore, he disagreed with the majority's view that there were no grounds for recovery under Kentucky law, arguing instead that there existed sufficient evidence to support Moore’s claim against his employer based on negligence or breach of statutory duty. Thus, Justice Stone believed this case should be remanded back to state court rather than dismissed outright as per Majority ruling.