In the 1891 case of New York, Lake Erie & Western Railroad Company v. Winter's Administrator, the U.S. Supreme Court ruled in favor of the railroad company. The case arose from a fatal accident involving an employee named Winter who was killed while working on a moving train car due to alleged negligence by his employer - the railroad company. His estate sued for damages under Ohio state law which allowed recovery if death resulted from another's negligence or unlawful act without contributory fault by decedent. The court found that although there may have been some degree of carelessness on part of other employees, it did not amount to such gross negligence as would make their acts those of the corporation itself and thus could not be held liable for them under Ohio law. Furthermore, Justice Gray noted that even if there had been evidence showing neglectful conduct by fellow servants contributing to Winter’s death, this would still not establish liability against their common master (the railway), unless it also showed he failed in his duty towards him either directly or through appointed agents responsible for supervising safety measures at work.

In the dissenting opinion for New York, Lake Erie & Western Railroad Company v. Winter's Administrator, it was argued that the railroad company should not be held liable for damages resulting from a collision between one of its trains and a wagon at a crossing. The dissenting justices believed that there was insufficient evidence to prove negligence on part of the train conductor or any other employee of the railroad company. They pointed out that it is unreasonable to expect railroads to stop or slow down their trains at every public road crossing as this would greatly impede their operations and efficiency. Furthermore, they contended that if anyone were negligent in this situation, it was likely Mr. Winter who drove his horse-drawn vehicle onto the tracks without taking proper precautions such as looking both ways before proceeding across an unguarded railway intersection.