In the case of Delaware City, Salem and Philadelphia Steamboat Navigation Company v. Reybold (1891), the U.S. Supreme Court dealt with a dispute over property rights along a navigable river in Delaware. The plaintiff, Delaware City, Salem and Philadelphia Steamboat Navigation Company claimed that they had exclusive right to use certain wharves on the river for their steamboats under an 1832 state law granting them this privilege. However, defendant Reybold argued he also had rights to these wharves as part of his private property which bordered the river. The court ruled in favor of Reybold stating that while states have power over navigable waters within their borders and can grant privileges like those given to the navigation company; such grants cannot infrac upon existing private property rights without just compensation under Fifth Amendment's Takings Clause. Therefore, even though there was a state law giving special privileges to the navigation company it did not override or eliminate any pre-existing private ownership claims by individuals like Mr.Reybold.

In the dissenting opinion for Delaware City, Salem and Philadelphia Steamboat Navigation Company v. Reybold, Justice Brewer argued that the majority's decision was inconsistent with previous rulings on similar cases. He contended that a steamboat company operating under a state charter should not be held liable for damages caused by an accident if it could prove it had taken all reasonable precautions to prevent such an incident. In this case, he believed that the defendant had shown due diligence in maintaining its equipment and training its staff, thus absolving them of liability for any accidents beyond their control. Furthermore, he disagreed with the majority's interpretation of "common carrier," arguing that as per prior court decisions; common carriers were only responsible for losses resulting from negligence or fraud - neither of which were proven in this case.