In the Pokora v. Wabash Railway Co. case of 1933, the U.S Supreme Court ruled in favor of Mr. Pokora who had sued for damages after his truck was hit by a train at an unguarded railway crossing, causing him injuries and damage to his vehicle. The court held that it was not contributory negligence on part of Mr.Pokora for failing to stop before driving across the tracks as there were no signals or guards present at the crossing to warn him about an approaching train. This decision overturned previous rulings which stated that drivers must always stop before railroad crossings regardless of whether any warning system is in place or not.

In the dissenting opinion for Pokora v. Wabash Railway Co., Justice Butler argued that the majority's decision to overturn a lower court ruling in favor of the railway company was incorrect. He contended that there was no negligence on part of the defendant, Wabash Railway Company, as it had provided adequate warning signals at its crossing where plaintiff’s truck collided with a train. According to him, Mr. Pokora failed to exercise due care and caution while approaching an unguarded railroad crossing during daylight hours when he could have seen or heard an approaching train if he had looked or listened attentively before proceeding across tracks; thus his own negligence contributed significantly towards accident causing his injuries and damages claimed by him from railway company under Federal Employers' Liability Act (FELA). Therefore, Justice Butler believed that this case should not be remanded for retrial but instead dismissed outright because evidence clearly showed contributory negligence on part of Mr.Pokora which barred any recovery under FELA.