In the 1891 case between Chicago, Rock Island and Pacific Railway Company versus Denver and Rio Grande Railroad Company, the U.S. Supreme Court ruled in favor of Chicago, Rock Island and Pacific Railway Company. The dispute arose over a disagreement about rights to use certain railway tracks in Colorado that were owned by Union Depot & Railroad Co., which both companies had shares in. Denver & Rio Grande claimed exclusive right to use these tracks based on an agreement made with Union Depot before it was incorporated as a company; however, this claim was rejected by the court due to lack of evidence supporting its validity. Furthermore, even if such an agreement existed prior to incorporation, it would not be binding after incorporation unless explicitly included within the articles of association or constitution of Union Depot & Railroad Co., which was not done here.

In the dissenting opinion for the case between Chicago, Rock Island and Pacific Railway Company v. Denver and Rio Grande Railroad Company, it was argued that the majority's decision to allow a railroad company to build tracks across another's right of way without compensation or agreement was unjust. The dissenting justices believed this ruling violated property rights as well as principles of fairness and equity. They contended that allowing such an action would create chaos in the industry by encouraging reckless competition at the expense of established companies' investments. Furthermore, they expressed concern about potential safety hazards arising from multiple railroads sharing narrow passages without proper coordination or regulation. Thus, they disagreed with both legal reasoning and practical implications behind majority’s judgment.