In the 1891 case of Tripp v. Santa Rosa Street Railroad Company, the U.S Supreme Court ruled in favor of the defendant, Santa Rosa Street Railroad Company. The plaintiff, Tripp had sued for damages after a horse-drawn streetcar operated by the company collided with his buggy causing him injury and damaging his property. However, it was found that at the time of collision, Tripp's buggy was on wrong side of road which violated local traffic regulations. Therefore he was contributorily negligent and could not recover damages from defendant as per California law applicable then.

The dissenting opinion in the case of Tripp v. Santa Rosa Street Railroad Company argued that the majority's decision to hold the railroad company liable for injuries sustained by a passenger was incorrect. The dissent contended that there was insufficient evidence to prove negligence on part of the railroad company, and thus it should not be held responsible for damages. It further stated that accidents can occur without any party being at fault, and this seemed like one such instance where neither party could have foreseen or prevented what happened. Therefore, according to this view, holding the defendant accountable would set an unfair precedent as it would mean businesses are expected to guarantee absolute safety which is unrealistic and impractical.