In the case of Great Northern Railway Company v. Galbreath Cattle Company et al., 1925, the U.S Supreme Court ruled in favor of Great Northern Railway Co. The dispute arose when a train owned by the railway company collided with cattle that had strayed onto its tracks from land leased by Galbreath Cattle Co. The cattle owners sued for damages, arguing that it was customary for railways to maintain fences along their lines and thus prevent such incidents. However, the court found no legal obligation on part of railroads to fence their tracks against livestock unless specifically required under state law or through private agreements between parties involved. It further noted that Montana's open range law did not impose any duty on railroads to erect fences except at crossings used regularly by domestic animals.

In the dissenting opinion for Great Northern Railway Company v. Galbreath Cattle Company et al., Justice McReynolds disagreed with the majority's ruling that a railway company could be held liable for damages to cattle due to delay in transit, even if there was no negligence on part of the carrier. He argued that this decision contradicted established principles of common law and would lead to unjust outcomes. According to him, under common law, carriers were not insurers but only obligated to use reasonable care in transporting goods. If they fulfilled this duty yet damage occurred without their fault or neglect, they should not be held responsible. The justice believed that imposing liability without proof of negligence would unfairly burden carriers and potentially increase costs for all shippers.