The U.S. Supreme Court case Atchison, Topeka and Santa Fe Railway Company v. Sowers in 1908 revolved around a dispute over land ownership between the railway company and an individual named Sowers. The railway company claimed that it had been granted certain lands by Congress under the Pacific Railroad Acts of 1862 and 1864 to aid in building a transcontinental railroad. However, before they could take possession of these lands, Sowers had already acquired them through preemption rights - a legal principle allowing individuals who first improve or settle upon public land to purchase it at minimum price before others can do so. The court ruled in favor of Sowers stating that his preemption claim was valid as he occupied the land prior to its being designated for grant to railroads by Congress.

The dissenting opinion in the case of Atchison, Topeka and Santa Fe Railway Company v. Sowers argued that the majority's decision was incorrect because it failed to properly interpret Kansas state law regarding negligence. The dissent believed that under Kansas law, a plaintiff could recover damages if they were able to prove that their injuries resulted from the defendant's negligence, regardless of whether or not there was any contributory negligence on their part. In this case, they felt that Sowers had adequately demonstrated such negligence by the railway company. They also disagreed with the majority's interpretation of what constituted "ordinary care" in relation to railroads' duty towards employees and others who may be affected by their operations. According to them, railroads should be held to a higher standard due to inherent dangers associated with railroad work.