In County of Cass v. Jordan, the Supreme Court of the United States was asked to decide whether a county could be held liable for damages caused by a defective bridge. The plaintiff, Jordan, had been injured when his wagon fell through a bridge that had been built by the county. The county argued that it was not liable for the damages because it had not been negligent in constructing the bridge. The Supreme Court held that the county was liable for the damages caused by the defective bridge. The Court reasoned that the county had a duty to maintain the bridge in a safe condition and that it had breached this duty by failing to inspect the bridge and repair any defects. The Court also noted that the county had been aware of the defect in the bridge and had failed to take any action to remedy it. The Court concluded that the county was liable for the damages caused by the defective bridge and that Jordan was entitled to recover the damages he had suffered. This case established that a county can be held liable for damages caused by a defective bridge if it has been negligent in its duty to maintain the bridge in a safe condition.

Justice Field delivered the dissenting opinion in County of Cass v. Jordan, arguing that the majority's decision was contrary to both precedent and sound legal reasoning. He argued that a contract between two parties should be enforced according to its terms, even if one party has since become insolvent or bankrupt. In this case, he noted that there had been no evidence presented by either side as to whether or not the county had actually paid off its debt prior to becoming insolvent; thus, it could not be assumed that they were legally obligated to do so under their agreement with Jordan. Furthermore, Justice Field argued that allowing such an assumption would set a dangerous precedent for other contracts entered into by financially unstable entities - namely, creditors would have little incentive to enter into agreements with them knowing full well they may never receive payment due them if those entities became insolvent before fulfilling their obligations under said agreements.