In the Humphries v. District of Columbia case in 1898, the U.S Supreme Court ruled that a municipality could be held liable for damages caused by its negligence or mismanagement. The plaintiff, Mrs. Humphries, sued the city after her husband was killed due to a poorly maintained public road which led to an accident involving their horse-drawn carriage. The court found that while municipalities are generally not responsible for injuries sustained on their property due to lack of maintenance or repair (sovereign immunity), they can be held accountable if it is proven that they were negligent and failed in their duty of care towards maintaining safe conditions on public roads and sidewalks.

The dissenting opinion in Humphries v. District of Columbia argued that the majority's decision to uphold a law allowing for the confiscation and destruction of property used in illegal gambling operations was an overreach of government power. The dissent contended that this ruling violated the Fifth Amendment, which protects against deprivation of property without due process. They believed it was not within the state’s authority to seize and destroy personal property without providing compensation or offering recourse through legal proceedings, regardless if said property had been used unlawfully. Furthermore, they expressed concerns about potential abuses stemming from such broad powers granted to law enforcement agencies under this statute.