In the 1933 case Northwestern Pacific Railroad Co. v. Bobo, Administratrix, the U.S Supreme Court ruled in favor of Northwestern Pacific Railroad Company after it was sued for negligence by Mrs. Bobo following her husband's death in a train accident while he was working as an employee of the company. The court held that under Federal Employers' Liability Act (FELA), employers are not liable for injuries to employees if they were caused due to risks inherent in their work or those which could have been anticipated and avoided by exercising reasonable care and caution on part of the employee himself/herself. In this case, Mr.Bobo had disregarded safety rules set out by his employer when he chose to ride on top of a moving freight car instead of inside it - an action that ultimately led to his fatal fall from the train.

The dissenting opinion in the Northwestern Pacific Railroad Co. v. Bobo case argued that the majority's decision to uphold a California law allowing for double recovery was incorrect and inconsistent with federal laws governing interstate commerce. The dissent contended that by permitting an individual to recover damages twice - once under state law and again under federal law - for the same injury, it created an unjust enrichment at the expense of railroad companies engaged in interstate commerce. This, they believed, violated principles of fairness and equity as well as potentially interfering with Congress' power over interstate commerce by imposing burdensome costs on those businesses involved in such trade.