In the 1890 case of Pennsylvania Railroad Company v. Green, the U.S. Supreme Court ruled in favor of the railroad company, reversing a decision by the Pennsylvania Supreme Court. The dispute arose when Mr. Green was injured while working for another company on property owned by Pennsylvania Railroad Company and sued for damages under state law that held landowners liable for injuries occurring on their premises due to unsafe conditions or activities conducted thereon. The court found that since Mr.Green's employer had control over his work environment at the time of injury, it was not appropriate to hold Pennsylvania Railroad responsible as they did not have direct control over where or how he worked despite owning the property where he got injured.

In the dissenting opinion for Pennsylvania Railroad Company v. Green, it was argued that the majority's decision to hold a railroad company liable for injuries sustained by an employee due to negligence of another employee contradicts established principles of law and precedent. The dissent emphasized that under common law, employers are not responsible for accidents caused by fellow servants in the same employment. It was also pointed out that this principle has been recognized and applied consistently in numerous previous cases involving similar circumstances. Furthermore, they contended that changing this rule would have far-reaching implications on all industries where there is potential risk involved in work activities, which could lead to unjust outcomes and excessive litigation against businesses. Therefore, according to the dissenters' view, responsibility should lie with individual employees who cause harm through their negligent actions rather than placing undue burden on employers.