In the case of Washington Railway & Electric Company v. Scala, 1916, the U.S Supreme Court ruled in favor of Mrs. Scala who was seeking damages for her husband's death caused by a streetcar accident while he was working as an employee for the railway company. The court held that under federal law and D.C regulations at that time, employers were liable to compensate their employees or their families if they suffered injuries or death due to negligence on part of the employer during work hours. In this case, it was found that Mr. Scala’s death resulted from his employer's failure to provide him with a safe workplace environment which included proper training and safety measures necessary for operating heavy machinery like streetcars.

In the dissenting opinion for Washington Railway & Electric Company v. Scala, Justice Holmes argued that the majority's decision was based on a misinterpretation of the law and an overreach of judicial power. He contended that it was not within the court's purview to determine whether or not Mr. Scala had been negligent in his duties, as this should have been left to a jury to decide. Furthermore, he disagreed with their interpretation of contributory negligence laws, arguing that they were applying them too broadly and unfairly penalizing workers for minor mistakes or lapses in judgment. In his view, these laws should only apply when a worker's actions directly contribute to their own injury or death - something which he did not believe was true in this case.