In the case of Norfolk & Western Railway Company v. Holbrook, 1914, the U.S Supreme Court ruled in favor of the railway company. The dispute arose when Mr. Holbrook was injured while working for Norfolk & Western Railway Company and sued them for damages under a federal law known as the Employers' Liability Act (ELA). However, his injury occurred in West Virginia which had its own workers’ compensation statute that provided limited recovery to employees who were injured on job irrespective of fault. The court held that since ELA did not apply to injuries sustained within states having their own worker’s compensation laws at that time, Mr. Holbrook could only recover under West Virginia's state law rather than suing under federal legislation.

The dissenting opinion in the case of Norfolk & Western Railway Company v. Holbrook argued that the plaintiff, Mr. Holbrook, should not be entitled to damages for his injuries because he was aware of the risks associated with his job and willingly accepted them. The justice stated that it is a well-established principle in law that an employee assumes all ordinary risks associated with their employment when they accept a job offer. In this case, Mr. Holbrook knew about the dangerous conditions on the railway tracks but continued to work there anyway without complaint or request for safer working conditions until after he was injured. Therefore, according to this view, he voluntarily assumed these risks and should not be able to claim compensation from his employer for any resulting harm.