In the 1892 case of Bellaire v. Baltimore and Ohio Railroad Company, the Supreme Court ruled in favor of the railroad company, stating that it was not liable for damages caused by sparks from its locomotives setting fire to nearby property. The city of Bellaire, Ohio had sued the railroad company after a fire broke out on private property near their tracks due to sparks emitted by passing trains. However, according to common law principles at that time, railroads were only held responsible if they failed to use "ordinary care" in preventing such fires - which typically meant using spark arresters on their smokestacks. In this case, there was no evidence presented showing negligence or lack of ordinary care on part of the railway company; hence it could not be held accountable for any damage caused.

In the dissenting opinion for Bellaire v. Baltimore and Ohio Railroad Company, it was argued that the majority's decision to uphold a municipal ordinance requiring trains to slow down when passing through town limits infringed upon interstate commerce regulations. The dissenting justices believed that such an ordinance could potentially disrupt trade between states if every municipality were allowed to impose their own unique set of rules on railroads. They also pointed out that this ruling contradicted previous decisions where similar ordinances had been struck down due to interference with interstate commerce. Furthermore, they contended that safety concerns cited as justification for the speed limit did not outweigh its negative impact on trade and transportation efficiency.