In the 1893 case of Texas and Pacific Railway Company v. Horn, the U.S. Supreme Court ruled in favor of the railway company after it was sued by a passenger who had been injured while traveling on one of its trains. The plaintiff, Mr. Horn, claimed that he suffered injuries due to negligence on part of the railway company's employees who failed to provide him with a safe place to ride as promised under his ticket contract. However, evidence showed that Mr.Horn chose not to sit in his assigned seat but instead rode between two cars where he got injured when an unexpected lurch threw him off balance causing injury. The court held that although carriers are obligated under common law principles to exercise utmost care for their passengers' safety; this duty does not extend beyond providing reasonably safe accommodations within designated areas for travel (such as seats). Passengers themselves also have a responsibility towards their own safety and cannot hold carriers liable if they voluntarily choose less secure positions or places than those provided by carrier.

In the dissenting opinion for Texas and Pacific Railway Company v. Horn, it was argued that the majority's decision to hold the railway company liable for damages suffered by Mr. Horn due to a fire caused by sparks from one of its locomotives was incorrect. The dissenting justices believed that there wasn't sufficient evidence presented at trial proving negligence on part of the railway company or showing that it had violated any safety regulations or laws in relation to operating its trains. They also disagreed with applying strict liability principles in this case, arguing instead for a more nuanced approach where factors such as foreseeability of harm and reasonable precautions taken by defendants are considered before imposing liability.