In the 1941 case of New York, Chicago & St. Louis Railroad Co. v. Frank, the U.S Supreme Court ruled in favor of the railroad company and reversed a decision made by an Ohio state court that had awarded damages to Frank for injuries sustained while working on one of their trains. The Supreme Court held that under federal law (the Federal Employers' Liability Act), negligence must be proven before compensation can be granted; it is not enough to simply show that an injury occurred during employment without demonstrating fault on part of the employer or co-workers. In this particular case, there was no evidence presented showing negligence by either party involved which led to Mr.Frank's accident.

In the dissenting opinion for New York, Chicago & St. Louis Railroad Co. v. Frank, Justice Roberts argued that the majority's decision to uphold a state law requiring railroads to provide full crews on all trains was an overreach of judicial power and violated principles of federalism by interfering with interstate commerce regulations set by Congress. He contended that such laws should be invalidated if they impose unnecessary burdens on interstate commerce or conflict with national policy as established by congressional legislation. In this case, he believed there was no substantial evidence showing that smaller train crews posed any significant danger to public safety or welfare which could justify interference in commercial operations regulated at a federal level.