In Florence Mining Company v. Brown, the United States Supreme Court was asked to decide whether a mining company had the right to use a certain portion of a public highway for the purpose of transporting ore from its mine. The mining company had been granted a right-of-way by the state legislature, but the local county had refused to allow the company to use the highway. The Supreme Court held that the mining company had the right to use the highway, as the state legislature had granted it the right-of-way. The Court reasoned that the state legislature had the power to grant the right-of-way, and that the county had no authority to deny the company's use of the highway. The Court also held that the mining company was not required to pay for the use of the highway, as the right-of-way had already been granted. This decision established that the state legislature has the power to grant rights-of-way to private companies, and that local governments cannot interfere with those rights.

Justice Field delivered the dissenting opinion in Florence Mining Company v. Brown, arguing that the majority decision was wrongfully decided and should be reversed. He argued that a contract between two parties is binding on both of them, and if one party breaches it then they are liable for damages to the other party. In this case, he believed that there had been an implied agreement between Florence Mining Company (FMC) and Brown which FMC had breached by not paying rent as agreed upon; thus making them liable for damages to Brown. Furthermore, Justice Field argued that even though FMC did not have actual possession of the land at issue in this case due to their lease being terminated before its expiration date, they still held legal title over it until such time as another person obtained a valid deed from them or otherwise acquired title through adverse possession or prescription - none of which occurred here since no third-party ever took possession of said land during this period. Therefore, according to Justice Field's dissent opinion in Florence Mining Company v. Brown , FMC should be held responsible for any losses suffered by Brown due to their breach of contract with him regarding payment for use/rental rights on his property while under lease with him prior to termination thereof