In Cleveland, Columbus, &C., Railroad v. McClun, the Supreme Court of the United States was asked to decide whether a railroad company was liable for damages caused by a train accident. The plaintiff, McClun, was a passenger on the train when it collided with another train, resulting in serious injuries to McClun. McClun sued the railroad company, claiming that the company was negligent in its operation of the train. The Supreme Court held that the railroad company was liable for McClun's injuries. The Court found that the railroad company had a duty to exercise reasonable care in the operation of its trains, and that it had breached that duty by failing to take proper precautions to prevent the accident. The Court also held that the railroad company was liable for the damages caused by the accident, even though the accident was caused by the negligence of another train's engineer. The Court's decision established that railroad companies are liable for damages caused by their negligence in the operation of their trains. This decision has been cited in numerous cases since then, and has been used to establish the principle that companies have a duty to exercise reasonable care in the operation of their businesses.

In the case of Cleveland, Columbus &c., Railroad v. McClun, Justice Field delivered a dissenting opinion arguing that the majority had misapplied existing law in their decision. He argued that under Ohio state law, which was applicable to this case, an injured party could not recover damages from a railroad company for injuries sustained while trespassing on its property unless they were able to prove gross negligence or recklessness on behalf of the railroad. The majority had held that such proof was unnecessary and allowed recovery even if no fault could be attributed to the defendant; however Justice Field disagreed with this interpretation and believed it would set a dangerous precedent by allowing trespassers onto private property without consequence. He further argued that since there was no evidence of gross negligence or recklessness present in this particular case then McClun should not have been awarded any damages against the railroad company as he did not meet all necessary requirements for recovery according to Ohio state law at the time.