In the Carson v. Brockton Sewerage Commission case of 1900, the U.S Supreme Court ruled in favor of a private landowner whose property was damaged by sewer construction work undertaken by the city's sewerage commission. The plaintiff, Carson, argued that his land had been taken without just compensation and due process as required under the Fifth Amendment to the Constitution. He claimed that he suffered damages from flooding caused by changes in water flow resulting from sewer construction on neighboring public lands. The court agreed with Carson’s argument and held that even though no part of his property was physically taken for public use, there were substantial indirect damages which amounted to a taking under eminent domain law. Therefore, it concluded that he should be compensated for these losses.

The dissenting opinion in the Carson v. Brockton Sewerage Commission case argued that the plaintiff, Mrs. Carson, should not be held responsible for sewer charges levied by the defendant, Brockton Sewerage Commission. The dissenters believed that since Mrs. Carson did not directly use or benefit from the sewer system - as she was a non-resident property owner who rented her properties out to tenants - it was unjust to impose such charges on her. They contended that these costs should instead fall upon those who actually used and benefited from these services i.e., her tenants or possibly even the city at large through taxes or other means of public funding.