In the 1906 case of Wilmington Star Mining Company v. Fulton, the U.S Supreme Court ruled in favor of Fulton, upholding a lower court's decision that he was entitled to compensation for an injury sustained while working at Wilmington Star Mining Company. The company had argued that it should not be held liable because Fulton was aware of the risks associated with his job and chose to continue working anyway. However, the court found that this argument did not absolve employers from their responsibility to provide safe work environments for their employees. It stated that even if workers are aware of potential dangers, they often have no choice but to accept these conditions due to economic necessity. Therefore, companies cannot evade liability by claiming workers assumed risk voluntarily.

The dissenting opinion in the case of Wilmington Star Mining Company v. Fulton argued that the plaintiff, Mr. Fulton, was not entitled to damages because he willingly assumed the risks associated with his job as a miner. The justice opined that it was common knowledge among miners and mining companies alike that gas explosions were an inherent risk of coal mining operations. Therefore, by accepting employment in such conditions, Mr. Fulton had implicitly agreed to bear these risks himself and could not hold his employer liable for any injuries sustained as a result thereof.