In the case of American Express Company v. Mullins in 1908, the Supreme Court ruled on a dispute involving an express company's liability for lost goods. The plaintiff, Mullins, had given a package to be transported by the defendant, American Express Company. However, due to negligence from one of its employees who left it unattended at a train station where it was stolen and never recovered. The court held that as common carriers engaged in transporting packages for hire across state lines under bills of lading limiting their liability unless declared and charged for according to value are liable as insurers against theft by unknown parties while such packages are in transit upon their routes or lying at places upon such routes awaiting transportation or delivery within reasonable time limits allowed by local laws or customs.

The dissenting opinion in the case of American Express Company v. Mullins argued that the majority's decision was a misinterpretation of contract law and an overreach into state jurisdiction. The justices contended that the express company, by its own voluntary act, had made itself liable for any loss or damage to goods it transported regardless of whether they were packed by shippers or not. They believed this liability should be upheld unless explicitly waived through clear contractual terms agreed upon by both parties involved. Furthermore, they disagreed with the majority's view on public policy considerations; arguing instead that allowing companies to absolve themselves from responsibility would encourage negligence and undermine consumer protection efforts.