Hough v. Railway Company was a United States Supreme Court case that was decided in 1879. The case involved a dispute between a railway company and a farmer, Mr. Hough, who owned land adjacent to the railway. The railway company had built a fence along the boundary of the land, which Mr. Hough argued was an encroachment on his property. The railway company argued that the fence was necessary for the safety of its passengers and employees. The Supreme Court ultimately sided with Mr. Hough, ruling that the railway company had no right to encroach on his property. The Court held that the railway company had not obtained the necessary permission from Mr. Hough to build the fence, and that the fence was not necessary for the safety of its passengers and employees. The Court also held that the railway company was liable for damages caused by the encroachment. This case established the principle that railway companies must obtain permission from landowners before building fences or other structures on their property. It also established that railway companies are liable for damages caused by their encroachment on private property.

Justice Field delivered the dissenting opinion in Hough v. Railway Company, arguing that the majority's decision was wrongfully decided and should be reversed. He argued that a contract between two parties is binding on both of them unless it can be shown to have been obtained by fraud or other improper means. In this case, he found no evidence of any such fraud or impropriety and therefore concluded that the contract should remain valid and enforceable against both parties. Furthermore, Justice Field noted that while Congress had passed legislation allowing for certain exceptions to contracts when they are deemed "unjust," there was nothing in this particular case which would justify such an exception being made here. As such, he believed it was inappropriate for the court to interfere with what were otherwise legally-binding agreements between private individuals without sufficient cause or justification from either party involved in those agreements.