In the case of Baltimore and Potomac Railroad Company v. Fifth Baptist Church, 1890, the Supreme Court was tasked with determining whether or not a railroad company could be held liable for damages caused by noise and vibrations from passing trains. The Fifth Baptist Church in Washington D.C., located near the tracks of the Baltimore and Potomac Railroad Company, claimed that these disturbances were causing damage to their property and disrupting church services. The court ruled in favor of the railroad company stating that as long as a corporation is conducting its business within its chartered rights and powers without negligence, it cannot be held responsible for incidental inconveniences or damages suffered by others due to lawful operations. This ruling established an important precedent regarding corporate liability for indirect harm resulting from otherwise legal activities.

In the dissenting opinion for Baltimore and Potomac Railroad Company v. Fifth Baptist Church, it was argued that the majority's decision to award damages to the church due to noise and vibration disturbances from passing trains was incorrect. The dissenting justices believed that there had been no violation of property rights as claimed by the plaintiff because when purchasing a property in an urban area, one must anticipate certain inconveniences such as noise or vibrations from nearby public transportation systems. They contended that these disturbances were not sufficient grounds for claiming compensation unless they caused actual physical damage to properties or significantly interfered with their use and enjoyment. Furthermore, they asserted that if every minor inconvenience resulted in a claim for damages, it would be impossible for cities to grow and develop effectively.