In the 1917 case of New Orleans & Northeastern Railroad Company et al. v. Harris, Administratrix of Harris, the U.S Supreme Court ruled in favor of the railroad company after a fatal accident involving one of its employees. The employee's widow had filed for damages under Alabama state law which allowed recovery if death was caused by negligence or wrongful act and not due to contributory negligence on part of deceased. However, the court found that there was no evidence proving that any negligent action by another employee led to her husband’s death as claimed by Mrs.Harris; rather it seemed he failed to take necessary precautions while performing his duties leading to his own demise. Therefore, she could not recover damages from employer under said state law because her husband contributed towards his own injury through neglecting safety measures at work place.

In the dissenting opinion for New Orleans & Northeastern Railroad Company et al. v. Harris, 1917, Justice Oliver Wendell Holmes Jr., disagreed with the majority's decision to uphold a state law that allowed an employee or their family to sue an employer for damages in case of injury or death due to negligence on part of the employer. He argued that this law was unconstitutional as it violated employers' rights under the Fourteenth Amendment by depriving them of property without due process and denying them equal protection under laws. According to him, such legislation should be applicable only when there is clear proof of negligence rather than being assumed based on mere occurrence of accidents at workplace. Furthermore, he contended that allowing employees and their families unrestricted right to sue could potentially lead businesses into bankruptcy thus harming economy overall.