In Gilman et al. v. Illinois and Mississippi Telegraph Company, the Supreme Court of the United States was asked to decide whether a telegraph company was liable for damages caused by its negligence. The plaintiffs, Gilman and others, had sent a telegram to the defendant, the Illinois and Mississippi Telegraph Company, which was delivered to the wrong person. The plaintiffs argued that the company was liable for the damages caused by the mistake. The Supreme Court held that the company was liable for the damages caused by its negligence. The Court reasoned that the company had a duty to exercise reasonable care in delivering the telegram, and that it had breached that duty by delivering it to the wrong person. The Court also held that the company was liable for the damages caused by its negligence, even though the plaintiffs had not paid for the telegram. The Court's decision established that telegraph companies are liable for damages caused by their negligence. This decision has been cited in numerous cases since then, and it has been used to establish the principle that companies have a duty to exercise reasonable care in the performance of their duties.

Justice Field delivered the dissenting opinion in Gilman et al. v. Illinois and Mississippi Telegraph Company, arguing that the majority's decision was wrongfully decided as it failed to consider certain facts of the case. He argued that while Congress had granted exclusive rights to telegraph companies for interstate communication, this did not grant them a monopoly over intrastate communication as well. Furthermore, he noted that even if such an interpretation were correct, there would be no legal basis for preventing other companies from providing similar services within a state so long as they do not interfere with or impede upon those already established by another company. In conclusion, Justice Field believed that the Court should have reversed its ruling on this matter and allowed competition between different telegraph companies operating within states without fear of infringement upon their respective exclusive rights granted by Congress under federal law.