The U.S. Supreme Court case Washington, Alexandria and Mt. Vernon Railway Company v. Downe in 1914 revolved around the issue of whether a railway company could be held liable for injuries sustained by an individual who was not a passenger but was on the premises of the station at that time. The plaintiff, Mr. Downe, had been injured while waiting to pick up his wife from the train station when he was struck by a piece of iron thrown by employees working on repairing tracks nearby. He sued for damages claiming negligence on part of the railway company's employees which led to his injury. The court ruled in favor of Mr.Downe stating that even though he wasn't technically a passenger at that moment, as someone present within their premises with legitimate business (waiting for his wife), it is still incumbent upon them to ensure safety and they owed him duty-of-care just like any other passengers or customers using their services.

In the dissenting opinion for Washington, Alexandria and Mt. Vernon Railway Company v. Downe (1914), Justice Holmes disagreed with the majority's ruling that a railway company was liable for injuries sustained by a passenger who had been thrown from her seat due to sudden braking of the train. He argued that there was no evidence presented at trial showing negligence on part of the railway company or its employees in operating the train. According to him, it is common knowledge that trains may have to stop suddenly under certain circumstances and passengers should be prepared for such eventualities as part of ordinary travel risks associated with rail transportation. Therefore, he believed that without proof of negligence or misconduct causing an unusual danger beyond normal expectations, liability could not be imposed on carriers simply because an accident occurred.